IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140011137
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 his general discharge be upgraded to honorable.
2. The applicant states, in effect, that an otherwise good Soldier should not be discredited for a few mistakes.
3. The applicant provides no additional evidence in support of 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 9 January 1986, the applicant enlisted in the Regular Army.
3. On 23 July 1987, the applicant accepted nonjudicial punishment (NJP) for being absent without authority from his appointed place of duty.
4. On 18 March 1988, the applicant was arrested for driving a motor vehicle while under the influence of alcohol.
5. On 23 March 1988, the applicant's commander gave him a letter of reprimand for his unlawful misconduct discussed in the previous paragraph.
6. On 26 May 1988, the applicant accepted NJP for wrongful use of cocaine and marijuana.
7. In June 1988, the applicant's commander notified the applicant he was recommending that he be separated from the military under the provisions of Army Regulation 635-200, chapter 14 due to a pattern of misconduct. The commander cited the applicant's NJPs and wrongful use of cocaine and marijuana as the reason for this action.
8. On or about 13 June 1988, the applicant waived counsel concerning his rights and elected not to make a statement in his own behalf.
9. On 14 June 1988, the appropriate authority approved the recommendation for discharge and directed that the applicant be issued a General Discharge Certificate.
10. Accordingly, on 21 June 1988, the applicant was accordingly discharged. He completed 2 years, 5 months, and 13 days of creditable active service.
11. On 10 January 1991, the Army Discharge Review Board (ADRB) considered the applicant's request for an upgrade of his discharge. The ADRB determined that his discharge was proper and equitable and denied his request.
12. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include a pattern of misconduct. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he accepted two NJPs and a letter of reprimand during his active service. This clearly shows a pattern of misconduct.
2. The applicants administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.
3. The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.
4. Based on this record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. This misconduct renders his service unsatisfactory. Therefore, he is not entitled to an honorable discharge.
5. In view of the above, the applicant's request should be denied.
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) AR20130001839
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ABCMR Record of Proceedings (cont) AR20140011137
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