IN THE CASE OF:	

		BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130015248 


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 under the impression that his discharge would be upgraded 6 months after his discharge.

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.  On 7 August 1984, the applicant enlisted in the Regular Army for a period of  4 years, training as an infantryman, assignment to Hawaii and a cash enlistment bonus.
3.  He completed his one-station unit training at Fort Benning, Georgia and was transferred to Hawaii on 7 February 1985.  

4.  On 1 July 1986, nonjudicial punishment (NJP) was imposed against the applicant for failure to go to his place of duty.

5.  On 26 August 1986, NJP was imposed against the applicant for disobeying a lawful order from a superior commissioned officer.

6.  On 7 October 1986, NJP was imposed against him for the wrongful use of cocaine.

7.  On 23 October 1986, the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, chapter 14, due to misconduct – abuse of drugs.

8.  After consulting with defense counsel, the applicant acknowledged that he understood his rights and elected not to submit a statement in his own behalf.  He also acknowledged that he understood he could apply to the Army Discharge Review Board (ADRB) and this Board for an upgrade of his discharge but that his right to do so did not imply that his discharge would be upgraded.

9.  The appropriate authority approved the recommendation for discharge on 
27 October 1986 and directed that he be furnished a General Discharge Certificate.

10.  Accordingly, he was discharged under honorable conditions due to misconduct – abuse of drugs on 5 November 1986 under the provisions of Army Regulation 635-200, chapter 14.  He completed 2 years, 2 months, and 29 days of active service.

11.  On 3 April 1990, he applied to the ADRB for an upgrade of his discharge and on 8 April 1991, the ADRB determined that his discharge was both proper and equitable under the circumstances and voted unanimously to deny his request for an upgrade of his discharge.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and procedures for separating personnel for misconduct.  Specific categories included 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.
13.  Paragraph 3-7a of Army Regulation 635-200 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 contentions regarding his discharge have been noted; however, they are not sufficiently mitigating when compared to the serious   nature of his misconduct.  The applicant's overall service simply did not rise to the level of a fully honorable discharge.

2.  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.

3.  Accordingly, the characterization and the narrative reason for separation were appropriate for the circumstances of his case.

4.  In the absence of evidence showing an error or injustice occurred in his case, there appears to be no basis to grant his request.

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)                                         AR20130015248





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ABCMR Record of Proceedings (cont)                                         AR20130015248



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