IN THE CASE OF:	  

		BOARD DATE:	  11 March 2014

		DOCKET NUMBER:  AR20130011671 


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 discharge under other than honorable conditions.

2.  She states:

	a.  She had a drug and alcohol addiction a few years before she enlisted.  She was doing great 2 years prior to enlisting.  She felt she had her life under control until her father's death and Operation Desert Storm.  These events occurred a year apart.  Having military occupational specialty (MOS) 36M (Switching Systems Operator) in the war zone, she saw many casualties in the desert and she experienced unpleasant conditions while supporting her unit.  She even suffered a miscarriage during her Operation Desert Storm service.  These events had a profound effect on her.  She was placed in an anger management program, attempted suicide, and was hospitalized.  Self-medicating with drugs and alcohol was her way of coping.  She became her own worst enemy.  She shamed her father's legacy as a Vietnam veteran, her family, and herself.

	b.  Immediately after leaving the military she got help from Narcotics Anonymous and Alcoholics Anonymous.  She changed her ways of thinking and doing things.  That was 18 years ago, but it seems like it was yesterday because being an addict is a struggle every day.

	c.  If she could get her discharge upgraded, she would take advantage of the programs now available to war zone veterans.  She would also like to "pay it forward" to other veterans who have had similar experiences.  She would like to become a mentor to fellow veterans.

3.  She provides:

* DA Form 2-1 (Personnel Qualification Record – Part II)
* e-mail
* Norwegian Cruise Lines Document of Evidence Certificate
* four Seafarers International Union Certificates of Achievement
* three U.S. Coast Guard (USCG) Certificates of Discharge to Merchant Seaman
* U.S. Merchant Mariner's Document
* Transportation Worker Identification Card
* business card for an Operation Enduring Freedom/Operation Iraqi Freedom Outreach Coordinator, Parma Vet Center, U.S. Department of Veterans Affairs 

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.  On 14 March 1989, the applicant enlisted in the Regular Army for a period of 5 years.  She completed initial entry training and she was awarded MOS 36M.  The highest rank/pay grade she achieved was specialist/E-4.

3.  Item 5 (Oversea Service) of her DA Form 2-1 shows she deployed to Saudi Arabia from 20 December 1990 through 14 May 1991.

4.  On 13 April 1992, her battalion commander imposed nonjudicial punishment (NJP) against her under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for wrongfully using cocaine on or before 19 February 1992.

5.  A memorandum for record, dated 29 May 1992, subject:  Probable Cause – Command Urinalysis Referral – (Applicant), signed by the applicant's company commander shows she was referred for urinalysis testing based on the statement of an individual who claimed she had purchased/used cocaine on the evening of 28/29 May 1992.  The company commander stated he issued orders for the applicant to undergo a command urinalysis at the earliest time.  She was not present for duty at two morning formations and her whereabouts were unknown.  The available records do not show the resolution of this matter.

6.  A memorandum, dated 4 June 1992, subject:  Serious Incident Report, shows the applicant attempted suicide on 4 June 1992 by ingesting pills of an unknown type.

7.  The complete facts and circumstances of her discharge are not contained in the available records.  However, her records include a DD Form 214 showing she was discharged on 24 July 1992 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c, by reason of misconduct – abuse of illegal drugs.  She completed 3 years, 4 months, and 11 days of net active service that was characterized as under other than honorable conditions.

8.  There is no indication she applied to the Army Discharge Review Board for an upgrade of her discharge within its 15-year statute of limitations.

9.  She provided, in part:

* e-mail showing she was praised by customers for her performance as a waitress in February and March 2013
* a Norwegian Cruise Lines Document of Evidence Certificate, dated 4 June 2008, showing she attended an illegal drugs lecture
* four Seafarers International Union Certificates of Achievement, each dated 9 August 2007, showing she completed four USCG-approved courses
* USCG Certificates of Discharge to Merchant Seaman showing she had three periods of service in 2008

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

	a.  Chapter 14 deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service.  Individuals in pay grades E-5 and above must be processed for separation upon discovery of a drug offense.  Those in pay grades below E-5 may also be processed after a first drug offense and must be processed for separation after a second offense.  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.

	c.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support the applicant's request for an upgrade of her discharge under other than honorable conditions.

2.  The ABCMR does not grant requests to upgrade discharges solely for the purpose of making applicants eligible for veterans' benefits.  Further, the passage of time and post-service accomplishments are not usually a sufficient basis for upgrading a properly-issued discharge.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.

3.  The complete facts and circumstances of her discharge are not available.  However, her records show she received NJP for cocaine use and she was later ordered to undergo command-directed urinalysis testing in response to a report that she had purchased and used cocaine.  Although the results of the urinalysis are not available, the fact that she was discharged for abuse of illegal drugs indicates she may have committed a second offense.  In the absence of evidence showing otherwise, it is presumed that all requirements of law and regulation were met and that her rights were fully protected throughout the separation process.

4.  The issuance of a discharge under other than honorable conditions is normally considered appropriate for Soldiers discharged under the provisions of Army Regulation 635-200, chapter 14.  The available records contain no documentary evidence of mitigating factors that would warrant a different characterization of service.  She received NJP for cocaine use and it appears she may have committed a second offense.  This misconduct rendered her service unsatisfactory.  Therefore, she is not entitled to an honorable or a general 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)                                         AR20130011671



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ABCMR Record of Proceedings (cont)                                         AR20130011671



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