IN THE CASE OF: BOARD DATE: 6 August 2015 DOCKET NUMBER: AR20150000185 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 that his general discharge from the United States Army Reserve (USAR) be upgraded to an honorable discharge. 2. The applicant states that he desires his discharge to be upgraded so that he may be able to obtain an identification (ID) card. 3. The applicant provides a copy of 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’s records, though somewhat incomplete, show that he enlisted in the Regular Army on 27 September 1978 for a period of 3 years and training as a cannon crewman. He completed one station unit training at Fort Sill, Oklahoma and was transferred to Germany where he served until he was honorably released from active duty on 25 September 1981 and transferred to the USAR Control Group (Reinforcement). 3. On 23 July 2002, during a command directed urinalysis his specimen tested positive for marijuana. 4. The complete facts and circumstances surrounding the applicant’s administrative discharge from the USAR are not present in the available records. However, his records do show that he was serving in the USAR in the rank of sergeant, on 14 April 2004, when his commander initiated action to discharge him from the USAR under the provisions of Army Regulation 135-178 (Army National Guard and Reserve Enlisted Administrative Separations) for misconduct due to the use of illegal drugs. 5. On 28 April 2005, the applicant was discharged from the USAR under honorable conditions under the provisions of Army Regulation 135-178. 6. The available records do not contain sufficient evidence to show if the applicant ever qualified for or was issued a 20-Year Letter. 7. Army Regulation 135-178 provides for the separation of enlisted personnel of the U.S. Army Reserve and Army National Guard. It states the honorable characterization of service is appropriate when the quality of the Soldier’s service generally meets the standards of acceptable conduct and performance of duty for military personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. A general discharge is warranted when significant negative aspects of the Soldier's conduct or performance outweigh positive aspects of the Soldier's military record. DISCUSSION AND CONCLUSIONS: 1. In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights. 2. The applicant has failed to show through sufficient evidence of record and evidence submitted with his application that he did not commit the offense for which he was accused or that his discharge was flawed. 3. He has also failed to show that he qualified for or was issued a 20-Year Letter prior to discharge that would qualify him for a non-regular retirement and issuance of an ID card. 4. Therefore, there appears to be no basis to grant his request for an upgrade of his 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) AR20150000185 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150000185 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1