BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140011534 


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 an upgrade of his under other than honorable conditions (UOTHC) discharge to an honorable discharge.  

2.  He states he has been out of the U.S. Army for over 27 years and he wants to apply for a Government job.  He would like his discharge upgraded to honorable because he has proven since his separation that he can handle anything that is put in front of him.  He was discharged under Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c because of drug abuse.  He stopped using drugs when he was discharged from the military and has not done them since that time.

3.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

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 enlisted in the Regular Army on 16 October 1978 and he was discharged on 8 April 1982 for immediate reenlistment.  He reenlisted on 9 April 1982.  

3.  His disciplinary history includes his acceptance of nonjudicial punishment under Article 15, Uniform Code of Military Justice on five separate occasions for the following offenses:

* failing to go at the time prescribed to his appointed place of duty on 14 September 1982
* being drunk and disorderly in quarters on 19 March 1983
* disobeying a lawful order from his superior noncommissioned officer (NCO) on 29 July 1986
* wrongfully using marijuana on or between 7 to on or about 18 August 1986
* being drunk on duty on 27 September 1986
* breaking restriction on 27 September 1986
* disobeying a lawful order from his superior NCO on 27 September 1986
* wrongfully using marijuana on or between 23 to on or between 29 December 1986

4.  His discharge packet is not available.  However, his DD Form 214 shows 
he was discharged on 27 May 1987 under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct - drug abuse and was issued an UOTHC discharge.  He completed 8 years, 7 months, and 12 days of creditable active service.

5.  His service record does not indicate he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

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

   a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  An UOTHC discharge is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record.  

   b.  Paragraph 3-7a states 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.  In the absence of evidence to the contrary, it is presumed that the applicant's administrative discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The applicant's statement that he wants to apply for a government job is acknowledged.  However, the ABCMR does not amend/or correct military records solely for the purpose of making the applicant eligible for employment.  

3.  The applicant's contentions regarding his post-service achievements and conduct were considered.  However, good post-service conduct alone is not a basis for upgrading a discharge.

4.  The applicant's statements regarding he has proven since his separation that he can handle anything that is put in front of him; he stopped using drugs when he was discharged from the military; and he has not done them since that time are acknowledged.  However, good post service conduct alone is not a basis for upgrading a discharge.

5.  The applicant's service record shows he received four Article 15s for being drunk and disorderly, disobeying a lawful order, using marijuana, and breaking restriction.

6.  A UOTHC discharge is normally appropriate for a Soldier discharged under Army Regulation 635-200, chapter 14 for misconduct.  It appears the separation authority determined that the applicant's overall service did not meet the standards of acceptable conduct and performance of duty to warrant recommendation for an honorable or 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 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)                                         AR20140011534





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ABCMR Record of Proceedings (cont)                                         AR20140011534



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