IN THE CASE OF:	  

		BOARD DATE:	    5 November 2013

		DOCKET NUMBER:  AR20130002668 


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 her general discharge under honorable conditions to fully honorable.

2.  The applicant states that her discharge should be upgraded to honorable because she did not use any type of drugs at any time while she served.

3.  The applicant provides a urine screening sheet dated in 2012 and a letter from her pastor.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests an upgrade of the applicant's discharge based on Secretarial Authority and amendment of her reentry eligibility code as appropriate.

2.  Counsel states the applicant's issues are sufficient to amply advance her contentions.

3.  Counsel provides no additional evidence.

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 applicant's 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 applicant's 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 22 March 1979 for a period of 4 years.  She completed basic training at Fort Leonard Wood, Missouri, and advanced individual training as a cargo specialist at Fort Eustis, Virginia.  She remained assigned to Fort Eustis for her entire period of service.

3.  She reenlisted on 10 February 1983 for a period of 3 years and she was promoted to the rank of sergeant on 4 July 1983.

4.  On 26 March 1985, nonjudicial punishment (NJP) was imposed against the applicant for the wrongful use of marijuana.  She did not appeal the NJP.

5.  On 9 April 1985, the applicant's commander notified her that he was initiating a bar to reenlistment due to her NJP and her drug-related offense.  The applicant elected not to make a statement in her own behalf and the appropriate authority approved the bar to reenlistment on 12 April 1985.

6.  On 20 May 1985, the applicant's commander notified her that he was initiating action to discharge her from the service due to use of illegal drugs under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c(2).

7.  After consulting with defense counsel, the applicant elected to exercise her right to appear before an administrative separation board.

8.  The applicant appeared before an administrative separation board with counsel on 3 September 1985.  After reviewing all of the evidence and testimony, the board recommended her discharge.

9.  The appropriate authority approved the recommendation for discharge on 25 September 1985 and directed the issuance of a General Discharge Certificate.

10.  She was discharged under honorable conditions on 3 October 1985 under the provisions of Army Regulation 635-200, paragraph 14-12c(2), due to misconduct – drug abuse.  She completed 6 years, 6 months, and 12 days of active service.

11.  There is no evidence in the available records to show she ever applied to the Army Discharge Review Board for an upgrade of her discharge within that board's 15-year statute of limitations.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 14 establishes policy and procedures for separating personnel for misconduct.  Specific categories include minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense, which includes drug offenses.  Although an honorable or general discharge is authorized, 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 tend to jeopardize her rights.

2.  Accordingly, the characterization and the narrative reason for separation were appropriate for the circumstances of her case.
 
3.   The applicant's contentions have been noted; however, they are not sufficiently mitigating when compared to the serious nature of her offense and the lack of evidence showing that her urinalysis was flawed or that she did not use illegal drugs.

4.  Accordingly, the applicant's overall service simply did not rise to the level of a fully 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)                                         AR20130002668



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ABCMR Record of Proceedings (cont)                                         AR20130002668



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