IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120010270
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show honorable.
2. The applicant states:
* His DD Form 214 should be updated to show his new character of service as honorable
* A few years after 1988 he submitted and was approved for an upgrade of his discharge status
* He would like to continue his education so he may better serve his community as a drug counselor
3. The applicant provides:
* A letter, dated 15 May 2012, from the Department of Veterans Affairs (DVA)
* Beneficiary Identification and Record Locator Subsystem (BIRLS) Veteran Identification sheet
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 23 January 1984 for a period of 4 years. He completed his training and was awarded military occupational specialty 77F (petroleum supply specialist). On 19 November 1985, he was honorably discharged for immediate reenlistment. He reenlisted on
20 November 1985 for a period of 6 years. He attained the rank of sergeant on
7 December 1986.
3. On 27 September 1988, nonjudicial punishment (NJP) was imposed against the applicant for using cocaine.
4. On 3 November 1988, he was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, for misconduct (abuse of illegal drugs).
5. On 9 November 1988, he consulted with counsel and acknowledged that he might encounter substantial prejudice in civilian life if he was issued a general discharge. He also elected not to submit a statement on his own behalf.
6. On 18 November 1988, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge.
7. He was discharged under honorable conditions on 23 November 1988 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (abuse of illegal drugs). He completed a total of 4 years, 10 months, and 1 day of creditable active service.
8. Item 24 of his DD Form 214 shows the entry "General (Under Honorable Conditions)."
9. He provided a DVA letter, dated 15 May 2012, which states his character of service during the period 23 January 1984 to 23 November 1988 was honorable. He also provided a BIRLS document which shows his character of service was honorable.
10. There is no evidence in the available record that shows the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations.
11. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense. The regulation states that abuse of illegal drugs is serious misconduct. The issuance of a discharge under other than honorable conditions is normally considered appropriate.
12. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his discharge was upgraded to honorable and he provided documentation from the DVA which shows his character of service was honorable. However, there is no evidence which shows the ADRB upgraded his discharge to honorable.
2. Evidence shows he was discharged under honorable conditions (a general discharge) on 23 November 1988 for misconduct (abuse of illegal drugs) which is properly shown on his DD Form 214. Therefore, there is insufficient evidence in which to amend item 24 of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120010270
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ABCMR Record of Proceedings (cont) AR20120010270
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