IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016561


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 honorable conditions (general) discharge.

2.  The applicant states his overall military career was served honorably and his one mistake does not merit a general discharge.  He has been working toward completing his Bachelor's degree in Criminal Justice, and as of now, he is         18 credits short of completing his degree.  He will graduate in April 2015 and his goal is to enter the law enforcement field to protect and serve; however, his discharge is preventing him from moving forward in the hiring process.  He is aware that his actions were unbecoming of a Soldier and his decisions have created many hardships for him.  His actions do not reflect who he is as a person and he has learned from what happened.  He disappointed fellow Soldiers and his leadership; he would give anything to be able to make it up to those who suffered from what he did.  He is not asking to be allowed back into the military, he just wants his discharge upgraded.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his transcript from the University of Phoenix, dated 29 July 2014.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 January 2007.  He completed training and was awarded military occupational specialty 13D (Field Artillery Automated Tactical Data System Specialist).  
2.  He was promoted to the rank/grade of sergeant/E-5 on 1 May 2011.

3.  He received nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 22 June 2011 for wrongfully using marijuana between on or about 5 April 2011 and on or about 5 May 2011.  Part of his punishment included a reduction to specialist/pay grade E-4 effective 24 June 2011.

4.  He was notified of his immediate commander's intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, for misconduct – abuse of illegal drugs.  

5.  He acknowledged receipt of the notification memorandum on 16 August 2011. In his acknowledgement memorandum, he declined the opportunity to consult with counsel and he elected not to submit statements on his behalf.

6.  His immediate commander recommended his separation under the provisions of Army Regulation 635-200, chapter 14, for abuse of illegal drugs.  His battalion commander recommended his separation prior to his normal expiration term of service (ETS), under the provisions of Army Regulation 635-200, chapter 14, and recommended his service be characterized as under honorable conditions (general).

7.  Consistent with the chain of command recommendations, the separation authority approved his discharge due to misconduct on 19 August 2011 and directed that his service be characterized as under honorable conditions (general).

8.  Accordingly, he was discharged from the Army on 30 August 2011.  The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct (drug abuse).  This form further shows he was discharged in the rank/grade of specialist/E-4 and he was given an under honorable conditions (general) discharge.    

9.  The Army Discharge Review Board denied his request for an upgrade of his discharge on 25 July 2012.


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

   a. 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.

   b. 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.  A discharge under other than honorable conditions 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his under honorable conditions (general) discharge was carefully considered and his combat service in Iraq and Afghanistan was duly noted; however, there is insufficient evidence to support his request.

2.  The evidence of record shows the applicant, who was a noncommissioned officer, committed a serious offense in that he used illegal drugs (marijuana), a violation of the UCMJ.  Accordingly, his commander initiated separation action against him.  All requirements of law and regulation were met and his rights appear to have been fully protected throughout the separation process.  He knowingly and willingly declined the opportunity to consult with counsel and to submit statements on his behalf.  

3.  His discharge was appropriate because the quality of his service was not consistent with Army standards of acceptable personal conduct and performance of duty by military personnel.  

4.  In view of the foregoing, there is an insufficient basis for granting his requested relief.


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)                                         AR20110020788



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016561



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1