ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:    BOARD DATE: 16 August 2021 DOCKET NUMBER: AR20200003262 
APPLICANT REQUESTS: upgrade of his general, under honorable conditions discharge. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) 
FACTS: 
1. 
The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2. 
The applicant states he wants to go to school and put his family in a home. He would like to get any benefits he can get for his time served, and he wants to always be able to rejoin the military. He knows what he did was wrong. When he arrived at his unit, he was moved into substandard barracks, as if he had committed a crime. People were smoking and/or using marijuana edibles, and he ate one without knowing. He does not want the word drugs to show on his DD Form 214. He made a mistake but he also shared a room with someone who should have been in prison. 

3. 
Review of the applicant's service records shows: 


a. 
He enlisted in the Regular Army on 22 May 2012 and held military occupational specialty (MOS) 11B (Infantryman). 

b. 
Following completion of training, he was assigned to 1st Battalion, 27th Infantry, 25th Infantry Division, Schofield Barracks, HI. 

c. 
The complete facts and circumstances surrounding his discharge are not available for review. However, his record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he was discharged from active duty on 15 August 2013, under the provisions of chapter 14-12(b) of Army Regulation (AR) 


635-200 (Active Duty Enlisted Administrative Separations) with a general, under honorable conditions character of service: 
. he completed 1 year, 2 months, and 24 days of active service 
. he was assigned Separation Code JKK (Misconduct, drugs) and Reentry (RE) Code 4 
. he was awarded or authorized National Defense Service Medal, Global War on Terrorism Service and Expeditionary Medals, Army Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 
d. On 23 March 2021, the Army Discharge Review Board (ADRB) reviewed his discharge processing but found it proper and equitable. The ADRN denied his request for an upgrade of her discharge. 
4. 
By regulation, Soldiers are subject to separation under the provisions of paragraph 14-12b of AR 635-200 for a pattern of misconduct. 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. 

5. 
In reaching its determination, the Board can consider the applicant’s petition and her service record in accordance with the published equity, injustice, or clemency determination guidance. 

6. 
By regulation (AR 635-5-1), Separation Code JKK is the correct Separation Code assigned to Soldiers being separated under paragraph 14-12c of AR 635-200 by reason of misconduct – drug abuse. 

7. 
By regulation (AR 15-185), paragraph 2–9 (Burden of proof), the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 


BOARD DISCUSSION: 
1. 
After reviewing the application and all supporting documents, the Board found that relief was not warranted. 

2. 
The Board carefully considered the applicant’s request, supporting documents, evidence in the records, DoD guidance on liberal consideration when reviewing discharge upgrade requests and noted that the applicant’s DD214 reflects an under honorable conditions (general) discharge. Although the applicant states that he knew what he did was wrong, the Board found no evidence of in-service mitigating factors for 


the misconduct. The applicant provided no post-service achievements or letters of reference in support of a clemency determination. Based on a preponderance of evidence, the Board found no error or injustice and determined that evidence was insufficient to warrant relief.  
BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION 
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. 
REFERENCES: 
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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 

2. 
Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The Board begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The Board not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

3. 
AR 635-200 (Active Duty Enlisted Administrative Separation) sets forth the basic authority for the separation of enlisted personnel. 


a. 
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. 
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. 

c. 
Chapter 14 established policy and prescribed 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 would be taken to separate a member for misconduct when it was clearly established that rehabilitation was impracticable or was unlikely to succeed. A discharge under other than honorable conditions was 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. 
4. 
AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code JKK is the appropriate code to assign to Soldiers separated under the provisions of AR 635-200, paragraph 14-12c, due to misconduct – drug abuse. 

5. 
 On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and BCM/NRs regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. 


//NOTHING FOLLOWS//