BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140007064
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 upgrade of his general discharge (GD) to an honorable discharge (HD).
2. The applicant states there is no error in his discharge but as he is getting older he would like to have an HD. He doesn't want one black mark to haunt him until the day he dies. He feels he was a good Soldier and performed his duties very efficiently and effectively. He was told at the time of discharge he should wait awhile and then submit his request.
3. The applicant provides no supporting documentation.
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 served on active duty in the Regular Army from 28 November 1990 through 8 January 1993 in the military occupational specialty 52C (Utility Equipment Repairman).
3. In July 1992, while serving in Germany, he tested positive for illegal drug use, marijuana.
4. On 6 October 1992, he received nonjudicial punishment under Article 15, Uniform Code of Military Justice for illegal use of marijuana on or between 27 June 1992 and 27 July 1992.
5. On 4 December 1992, he received a negative counseling for the above Article 15.
6. On 15 December 1992, after consulting with counsel, he acknowledged his command's initiation of separation proceeding for commission of a serious offense, illegal use of a controlled substance.
7. On 30 December 1992, the discharge authority approved the discharge proceeding and directed he be discharged with a GD.
8. On 8 January 1993, the applicant was discharged with a GD, under Army Regulation 635-200, chapter 14 for commission of a serious offense. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows 2 years, 1 month, and 11 days of creditable service with no lost time. His awards are shown as the National Defense Service Medal, Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.
9. There is no indication the applicant applied for review of his discharge by the Army Discharge Review Board within that board's 15-year statute of limitations
10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It provides the following:
a. Paragraph 14-12c states a Soldier may be discharged for the commission of a serious military or civil offense if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense. A discharge under other than honorable conditions is normally considered appropriate.
b. Paragraph 3-7a states that an HD is a separation with honor. The honorable characterization of service is appropriate when the quality of the Soldiers service generally has met the standards of acceptable conduct and performance of duty.
c. Paragraph 3-7b states that a GD is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an HD.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in compliance with applicable regulations. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
2. The reason for his discharge is appropriate to the offense that led to that discharge and his period of good service appears to have been taken into account as he was afforded a GD when in most cases a discharge under other than honorable conditions is normally appropriate.
3. The applicant has not provided any evidence of such outstanding post-service accomplishments as to warrant consideration of an upgrade.
4. The mere passage of time is insufficient in and of itself to warrant a change of the applicant's discharge, especially in light of the fact that his military record is devoid of significant service.
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) AR20140007064
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