BOARD DATE: 25 October 2016 DOCKET NUMBER: AR20160014460 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 25 October 2016 DOCKET NUMBER: AR20160014460 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 25 October 2016 DOCKET NUMBER: AR20160014460 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 general discharge (GD) to an honorable discharge (HD). 2. The applicant states: a. He was discharged with a GD and would like to have it upgraded to an HD. He believes his discharge was inequitable because it was based on a one-time isolated incident in 26 months of service with no other adverse action. This incident was a mistake and showed a lack of judgement, but in no way, shape, or form did it reflect his overall character and integrity demonstrated throughout his enlistment. b. He is proud to have served with the U.S. Army and extremely grateful for the experience. He is even more proud to call himself an infantryman since it was what helped shape the man he is today. The Army provided structure, guidance, and a sense of purpose for him. He has formed bonds with many of his peers, most that will last a lifetime. c. Throughout his enlistment, he was a go-getter. He listened well and did everything to the best of his ability. As a Soldier, he was determined and extremely competitive. He earned the Expert Infantryman Badge (EIB), Combat Infantryman Badge (in Iraq), Army Commendation Medal (ARCOM), and a Driver Badge. He was a leader to his company. d. Prior to his enlistment, he was an average student and an athlete. He was a member of the Varsity Athletes Against Substance Abuse Program in high school and tutored students and adults after school in areas of information technology. He attempted college, but found himself not ready, so he joined the Army. e. He currently works full-time in a less than desirable setting as a crane operator, which he has done for almost 2 years. He recently enrolled in the New England Institute of Technology where he plans to pursue a degree in cyber security and network engineering. f. Having his discharge upgraded to an HD would grant him a sense of closure because he would not feel as if his reputation, experience, and character as a Soldier in the Army was tarnished. He is extremely proud of his service and would do it again. With his discharge upgraded to an HD, he would also be able to continue to further his education and have more opportunities to advance his career in a competitive workforce and provide a better lifestyle for himself. 3. The applicant provides: * Varsity Athletes Against Substance Abuse Award, undated * enlistment contract, dated 14 April 2010 * Annex B to his enlistment contract, dated 11 August 2010 * Certificate of Achievement for Basic Rifle Marksmanship, dated 3 December 2010 * Orders HO-147-0155, dated 20 October 2011 * ARCOM Certificate, dated 20 October 2011 * Permanent Orders (PO) 048-25, dated 17 February 2012 * PO 090-054, dated 30 March 2012 * EIB Certificate, dated 30 March 2012 * Wheeled Drivers Badge Certificate, dated 3 April 2012 * Department of the Army Substance Abuse Program Certificate, dated 21 November 2012 * separation documents * Enlisted Record Brief * DD Form 214 * six letter of references * Hazardous Material Technician Training Certificate, dated 24 September 2015 * Cardiopulmonary Resuscitation Card, dated 10 February 2016 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. 1. On 11 August 2010, the applicant enlisted in the Regular Army. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). 2. The applicant’s record is void of specific facts and circumstances concerning the events which led to his discharge from the Army. 3. On 23 January 2013, he was discharged under the provisions of paragraph 14-12c(2) of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in item 28 (Narrative Reason for Separation) he was separated due to misconduct (drug abuse). He completed 2 years, 5 months, and 13 days of active service that was characterized as under honorable conditions (general). 4. The applicant provides: a. A Certificate from the Department of the Army Substance Abuse Clinical Program, dated 21 November 2012, which states, “This is to certify that [applicant] has completed Outpatient Treatment at the Army Substance Abuse Program.” b. Separation documents to include: * the separation authority's approval of the applicant's separation from the Army prior to the expiration of his current term of service * Orders 009-0147, issued by Headquarters, III Corps and Fort Hood, dated 9 January 2013 (separation orders) c. Awards he received while a student in high school, in the Army, and after service. 5. The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. On 18 November 2015, the ADRB reviewed and denied the applicant's request for an upgrade. 6. He provides six letters of reference from both individuals who served with him while on active duty and from civilian personnel who state: * he is an outstanding young man with exceptional interpersonal skills with a strong sense of family loyalty and responsibility * since his release from service, he has shown much more drive and maturity in trying to alter his path with hopes of staring a new career * it was a privilege to serve with him; he was respectful, professional, and a true leader * he was an outstanding leader and it was unfortunate and surprising to hear that he was separated * he was a respectful, responsible Soldier and dedicated to his peers and his platoon because of his knowledge * he has consistently demonstrated to his civilian employer the core values of loyalty, duty, respect, selfless service, honor, integrity and personal courage REFERENCES: Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a provides that an honorable discharge was a separation with honor and entitled the recipient to benefits provided by law. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would be clearly inappropriate. b. Chapter 14 provides separation guidance for various types of misconduct. Paragraph 14-12c(2) provides for the separation of a Soldier by reason of the commission of a serious offense, which includes drug abuse. The issuance of a discharge under other than honorable conditions was normally considered appropriate for separations under the provisions of chapter 14. DISCUSSION: 1. The applicant contends his GD was inequitable since it was a single event in 26 months with no other adverse action that led to his discharge. 2. The applicant’s separation documents are not available for review. Although he provides letters of reference that support his character and performance while in the Army, the applicant admits he had one isolated incident which resulted in his separation from service. 3. According to Army Regulation 635-200 abuse of illegal drugs is serious misconduct. Barring evidence to the contrary, the presumption of regularity prevails as it appears that all the requirements of law and regulations were met. The available evidence contains no indication of procedural or other errors that would have jeopardized his rights. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014460 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014460 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2