IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130001477
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 an upgrade of his general discharge to honorable.
2. The applicant states he:
* was a good Soldier
* did his job without any complaint
* helped his coworkers with their assignments
* did extra voluntary work
* attended multiple classes just to keep busy
* excelled at the work he did
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 12 August 2009 for a period of 4 years. He completed his training and was awarded military occupational specialty 27D (paralegal specialist). He attained the rank of specialist on 1 April 2011.
2. On 3 August 2011, nonjudicial punishment (NJP) was imposed against the applicant for using "K2" (synthetic cannabis (marijuana) a Schedule I controlled substance) and marijuana.
3. On 11 August 2011, he was notified of his pending separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, for misconduct (commission of a serious offense). The unit commander cited the applicant's drug use.
4. On 16 August 2011, he consulted with counsel and was advised of the impact of the discharge action. He also acknowledged that he might encounter substantial prejudice in civilian life if he were issued a general discharge. He elected not to submit a statement in his behalf.
5. On 26 August 2011, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge.
6. On 27 September 2011, he was discharged under honorable conditions (general) under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (drug abuse). He completed a total of 2 years and 20 days of creditable active service with 26 days of lost time.
7. On 31 May 2012, the Army Discharge Review Board denied the applicant's request for an honorable discharge.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty.
a. 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.
b. 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's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. The type of discharge directed and the reasons were appropriate considering all the facts of the case.
2. His record of service included one NJP for using "K2" and marijuana. As a result, his record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.
3. Although a discharge under other than honorable conditions is normally appropriate for the authority and reason for his separation, it appears the separation authority considered his overall record of service when he was issued a general discharge.
4. In view of the foregoing, there is no basis for granting the applicant an honorable discharge.
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 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) AR20130001477
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ABCMR Record of Proceedings (cont) AR20130001477
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