BOARD DATE: 26 November 2013
DOCKET NUMBER: AR20130006435
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 that his general discharge be upgraded to a fully honorable discharge.
2. The applicant states that he was 19 years of age at the time and did not understand what counseling could do at the time but he is now 45 and has seen a lot in the world.
3. The applicant provides no additional documents with his application.
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 at the age of 18 on 15 August 1985 for a period of 4 years, training as a power generation equipment repairer and a cash enlistment bonus.
3. He completed his basic training at Fort Dix, New Jersey and his advanced individual training at Fort Belvoir, Virginia before being transferred to Fort Carson, Colorado on 3 February 1986 for his first and only assignment.
4. On 16 January 1987, nonjudicial punishment (NJP) was imposed against him for failure to obey a lawful order and on 16 November 1987, NJP was imposed against him for the wrongful use of illegal drugs.
5. On 4 January 1988, the applicants commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for misconduct commission of a serious offense. He cited as the basis for his recommendation that the applicant had one incident of using illegal drugs, a subsequent incident of driving under the influence of alcohol, and an established pattern of misconduct consisting of failure to obey lawful regulations, failure to obey lawful orders from superior noncommissioned officers, and a pattern of failure to go to his place of duty.
6. On 5 January 1988, after consulting with defense counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.
7. The appropriate authority approved the recommendation for discharge on 25 January 1988 and directed that he be furnished a General Discharge Certificate.
8. Accordingly, he was discharged on 8 February 1988 under honorable conditions under the provisions of Army Regulation 635-200, chapter 14, due to misconduct abuse of illegal drugs. He had served 2 years, 5 months, and 24 days of active service.
9. There is no evidence in the available records to show that he applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations.
10. 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 members 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 his rights.
2. Accordingly, the characterization and the narrative reason for separation were appropriate for the circumstances of his case.
3. The applicant's contentions have been noted; however, they are not sufficiently mitigating when compared to the repeated and serious nature of his offenses. His overall record of service simply did not rise to the level of a fully honorable characterization.
4. Therefore, there appears to be no basis to grant his request for an upgrade of his discharge to 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 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.
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