IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150005865 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 correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he received an honorable discharge (HD) vice a general discharge (GD) and to change his reason for separation. 2. The applicant states: a. Throughout the course of his life, he often looks back on his military career and wish he would have done things different. b. At the time he was discharged, he had a drug addiction and failed multiple drug tests. c. He knew it was wrong at the time, but his addiction was in control. d. Since then he has been married and has three beautiful children and he owns his own business. e. He has been through drug counseling and rehabilitation programs. He has not used any type of drugs for over 10 years. f. He hopes his past decisions will not hinder his future goals. He has now learned his lesson. g. He has a goal of furthering his education in which the GI Bill would help immensely so he can build a better future for him and his family. 3. The applicant does not provide any supporting documentation. CONSIDERATION OF EVIDENCE: 1. On 6 May 2004, the applicant enlisted in the Regular Army. He was assigned to Company B, 447th Signal Battalion, 15th Signal Brigade, Fort Gordon GA. 2. On 26 January 2005, he received nonjudicial punishment (NJP) for failing to obey a lawful order issued by a colonel (COL) on 26 November 2004. 3. On 10 February 2005, he received NJP for wrongfully using cocaine between 4 December 2004 and 4 January 2005 and breaking restriction. 4. The applicant received six DA Forms 4856 (Developmental Counseling Form) during the period 19 November 2004 to 25 March 2005 for having alcohol in the barracks, providing underage “under phase” Soldiers with alcohol, having a positive drug test, driving a vehicle as a “phase IV” Soldier, breaking restriction, missing formation, missing bed check, not being at his appointed place of duty, and missing fire guard. In each case he was advised that continued misconduct could be cause for action to be taken to involuntarily separate him from the Army. 5. On 11 May 2005, his unit commander notified him that action was being initiated to discharge him for the commission of a serious offense under the provisions of paragraph 14c of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). 6. The applicant’s unit commander recommended he be separated with a GD. 7. On 11 May 2005, the applicant was advised of his right to: * consult with counsel * request a personal appearance before an administrative board * submit statements in his own behalf * waive any of these rights 8. The applicant indicated he would not submit a statement in his own behalf. 9. In addition, the applicant was advised he may expect to encounter substantial prejudice in civilian life if he was issued a GD and he: * would be deprived of many or all Army benefits * may be ineligible for many or all veteran's benefits * may be deprived of his rights and benefits as a veteran under both Federal and State laws 10. The intermediate commander reviewed the proposed discharge action and recommended approval. 11. On 31 May 2005, the appropriate authority reviewed the administrative separation proceedings under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct, approved the findings and recommendation of the administrative separation board, and directed the applicant be discharged with a characterization of service of general, under honorable conditions. 12. On 7 June 2005, the applicant was discharged by reason of misconduct. He completed 1 year, 1 month, and 2 days of active service with a characterization of service of general, under honorable conditions. 13. On 2 August 2006, the Army Discharge Review Board (ADRB) reviewed the applicant's request to change his reentry eligibility (RE) code “4,” his characterization upgrade and his reason for discharge. The ADRB determined that there were no mitigating factors that would merit an upgrade of this discharge. His discharge was appropriate because of the quality of his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel. The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. Furthermore, at the time of discharge the applicant was appropriately assigned a RE code of “4.” Accordingly, the ADRB denied relief to change the applicant RE code, his reason for separation or upgrade his characterization of discharge. The ADRB further determined the reason for discharge was both proper and equitable. 14. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 14 deals with separation for various types of misconduct. Paragraph 14-12c provides for the separation of a Soldier by reason of commission of a serious offense. The issuance of a discharge under other than honorable conditions is normally considered appropriate for separations under the provisions of chapter 14. b. 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he had a drug addiction. He knew it was wrong at the time, but his addiction was in control. However, he has since turned his life around and wants to be able to use his GI Bill to further his education. He has been through drug counseling and rehabilitation programs and he has not used any type of drugs for over 10 years. While commendable, his post-service conduct alone is an insufficient basis for upgrading his discharge. 2. The applicant received two NJP’s, one for disobeying a commissioned officer and the other for drugs use and multiple counseling statements. He was properly discharged in accordance with regulations in effect at the time. The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case. The records contain no indication of procedural or other errors that would have jeopardized his rights. 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) AR20140003284 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005865 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1