IN THE CASE OF:	  

		BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140004645 


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 request to upgrade his discharge to fully honorable and to change his narrative reason for separation to a more favorable reason.

2.  The applicant states, in effect, that he is no longer using drugs, that he has been doing volunteer work at the Department of Veterans Affairs (VA), and he is being treated for Post-Traumatic Stress Disorder (PTSD) for being on alert for deployment to Panama during Operation Just Cause.

3.  The applicant provides a four-page handwritten letter explaining his application, a list of accomplishments, VA Progress Notes, a Wikipedia article on the Invasion of Panama, two pages of VA Claim statements, and copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty.

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 AR20130010676, on 20 February 2014.

2.  The applicant served in the Regular Army for a period of 3 years during the period 17 March 1981 to 16 February 1984 when he was honorably released from active duty (REFRAD) due to the expiration of his term of service. 

3.  On 29 January 1987 he again enlisted for 3 years and training as an infantryman. He completed his training and was assigned to Fort Ord, CA. 

4.  Nonjudicial punishment (NJP) was imposed against the applicant on 
16 September 1987 for the wrongful use of cocaine.  He was enrolled in Track I of the Alcohol Drug Abuse Dependency Program.

5.  On 23 May 1988, NJP was again imposed against the applicant for the wrongful use of cocaine.

6.  On 5 July 1988, the applicant’s commander notified him that he was initiating action to discharge the applicant from the service under the provisions of Army Regulation 635-200, chapter 14 for misconduct – abuse of illegal drugs.  After consulting with counsel the applicant waived his rights and elected not to submit a statement in his own behalf.

7.  The applicant’s entire chain of command recommended the applicant be discharged under other than honorable conditions and the convening authority approved the recommendation for discharge and directed that he be discharged under other than honorable conditions on 23 July 1988.

8.  On 3 August 1988, NJP was again imposed against him for the wrongful use of cocaine.

9.  On 9 August 1988, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, due to misconduct – abuse of illegal drugs.  However, for reasons not explained in the available records, he was issued a general discharge (under honorable conditions).

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 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 have jeopardized his rights.

2.  The evidence of record clearly shows that the convening authority directed the applicant be discharged under other than honorable conditions, which is normally appropriate for offenses committed by the applicant.  However, for unknown reasons not explained in the available records,  it appears during the processing of his DD Form 214 for this period of service an administrative error occurred resulting in his DD Form 214 indicating he received a general under honorable conditions discharge instead of an under other than honorable conditions discharge as directed by the separation approval authority

3.  Inasmuch as it is the Board’s policy that an applicant not be made worse off than when they applied to the Board, the Board will not change his character of discharge.  Accordingly, the characterization and the narrative reason for separation were appropriate for the circumstances of his case.

3.  The applicant's contentions and supporting documents have been noted; however, they are not sufficiently mitigating when compared to the serious and repeated nature of his misconduct and the fact that he was a prior service Soldier who should have known better. 

4.  Accordingly, the applicant's overall service simply did not rise to the level of a fully honorable discharge nor does it serve as a basis to change his narrative reason for separation.

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 to amend the decision of the ABCMR set forth in Docket Number AR20130010676, dated 20 February 2014.



      ___________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)                                         AR20140004645





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ABCMR Record of Proceedings (cont)                                         AR20140004645



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