BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130016432 


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 reconsideration of his earlier request to upgrade his discharge under other than honorable conditions to honorable.

2.  The applicant states:

* he was caught with a $10.00 bag of marijuana and was eventually given a discharge under other than honorable conditions
* he takes responsibility for having violated the law and the military code of ethics
* he thinks it would be unjust for him to spend the rest of his life paying for that offense
* he was a dedicated and loyal Soldier for 4 years prior to this event

3.  The applicant provides a letter from a Member of Congress, dated 23 August 2013.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120013644 on 19 February 2013.

2.  The applicant's argument is new evidence that will be considered by the Board.
3.  The applicant enlisted in the Regular Army on 18 July 1978 for a period of 4 years.  He completed his training and he was awarded military occupational specialty 91B (medical specialist).

4.  Between October 1979 and April 1982, nonjudicial punishment (NJP) was imposed against him for:

* being absent without leave from 14 September 1979 to 17 September 1979
* being absent from his place of duty and disobeying a lawful order
* disobeying a lawful order  

5.  On 7 May 1982, charges were preferred against him for selling and possessing marijuana.

6.  He consulted with counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.  He acknowledged that by submitting his request for discharge he was guilty of a charge against him that authorized the imposition of a bad conduct or dishonorable discharge.  He stated he did not desire further rehabilitation and he had no desire to perform further military service.  He indicated he understood he might be discharged under conditions other than honorable if his request were accepted and he might be furnished an Under Other Than Honorable Discharge Certificate, he might be ineligible for many or all benefits administered by the Veterans Administration, he might be deprived of many or all Army benefits, and he might be ineligible for many or all benefits as a veteran under both Federal and State laws.  He acknowledged he might expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions.  He elected to make a statement in his own behalf.  In summary, he was sorry for the mistakes he made and requested approval of his request for discharge so he could better support his child.

7.  On 24 June 1982, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of a discharge under other than honorable conditions.

8.  On 9 July 1982, he was discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, with his service characterized as under other than honorable conditions.  He completed 3 years, 11 months, and 20 days of creditable active service with 2 days of lost time.

9.  On 27 September 1983, the Army Discharge Review Board denied his request for a discharge upgrade.

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

	a.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  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.

	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 applicant's argument was carefully considered.  However, his record of service included three NJP's and serious drug offenses for which a trial by court-martial was recommended.  As a result, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel.

2.  His voluntary request for discharge for the good of the service in lieu of trial by court-martial was administratively correct and in conformance with applicable regulations.

3.  The type of discharge directed and the reasons for discharge were appropriate considering all the facts of the case.

4.  In view of the foregoing, there is no basis for granting the applicant 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 to amend the decision of the ABCMR set forth in Docket Number AR20120013644, dated 19 February 2013.



      ___________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)                                         AR20130016432



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ABCMR Record of Proceedings (cont)                                         AR20130016432



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