PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:   AR1999014811

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson 		Chairperson	
	Mr. Kenneth L. Wright 		Member	
	Ms. Meta Waller 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected by removing the word “misconduct” from Block 28, Narrative Reason For Separation; that he be given a reentry eligibility (RE) code of RE-1 in Block 27, Reentry Code; and that he be credited with 16 years of service.  He also requests, in effect, that he be reinstated in the Active Guard Reserve (AGR) program.

3.  The applicant states, in effect, that his separation was unjust because he was never afforded the opportunity for medical attention or counseling, and that he was having marital problems which caused him to start drinking heavily and which led to his one-time marijuana use.  He adds that his discharge was improper.  In support, he provides selected copies of the Army Discharge Review Board’s upgrade action changing his general discharge to an honorable discharge.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 29 June 1972 and trained as a ground surveillance radar crewman.  Following a tour of duty in Germany, he was separated on 24 June 1974 and placed in the US Army Reserve (USAR) from 25 June 1974 until honorably discharged on 28 June 1978.  During his active duty service, he received NJP (nonjudicial punishment) under Article 15, Uniform Code of Military Justice, on five separate occasions.  He received NJP on 10 August 1973 for disrespect to an NCO; on 6 September 1973 for disobeying the lawful order of an NCO; on 20 November 1973 for using hashish; on 13 December 1973 for assaulting an NCO by punching him in the face; and on 22 February 1974 for breach of peace (fist fight).

5.  On 17 August 1984, the applicant enlisted in the Illinois Army National Guard (ILARNG).  He served until 1 September 1986 when he was selected for the AGR program and entered on full-time active duty on 2 September 1986.  On 6 October 1993, the applicant, then a staff sergeant (E-6), participated in a unit random urinalysis drug screening and tested positive for marijuana use.  His chain of command initiated action to separate him for misconduct under the provisions of Chapter 8, National Guard Regulation (NGR) 600-200 and AR 135-178 (Separation of Enlisted Personnel), chapter 7.  Because of his length of service, he was entitled to, and received, a hearing before a board of officers.  The hearing, conducted on 6 March 1994, found that the applicant wrongfully used marijuana on/about 6 October 1993 and recommended that he be separated from the ARNG with a general discharge, but that the discharge be suspended.

6.  On 29 May 1994, the Adjutant General of the ILARNG approved the recommendation of the board of officers as to the applicant’s separation with a general discharge, but did not approve suspending that discharge.  On 11 April 1994, the applicant was notified that he was being separated from the AGR program.  On 17 April 1994, he was separated with a general discharge from the ILARNG and as a Reserve of the United States Army.  He was credited with 7 years, 7 months, and 16 days of active Federal service for the period, as well as 2 years, 1 month, and 11 days of prior active federal service.  Additionally, he was credited with 1 year, 11 months, and 16 days of prior inactive service in Block 12e.  Per NGR 600-200, assignment of an RE code was NA (not applicable).  This was carried over to his DD Form 214 per Army regulation; however, he was assigned a separation code of “LBK.”

7.  The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade and reinstatement in the ARNG and, presumably, the AGR program.  The ADRB, after considering his case on 16 September 1997, approved that portion of his request pertaining to a discharge upgrade to an honorable discharge.

8.  National Guard Regulation (NGR) 600-200, chapter 8 and Army Regulation 135-178 (Separation of Enlisted Personnel), chapter 7 provide for the separation of enlisted personnel of the Army National Guard and USAR for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, unsatisfactory participation, commission of a serious offense, and convictions by civil authorities.  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.  Only the separation authority listed in AR 135-178, paragraph 1-25 may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of regulation.

CONCLUSIONS:

1.  The applicant’s discharge proceedings were conducted in accordance with law and regulations.  However, the Board concurs with the findings and conclusions of the ADRB in upgrading his general discharge to an honorable discharge while not changing the narrative reason for separation.  The upgrade was based on the overall character of the applicant’s service while in the AGR program and was not based on any of the applicant’s spurious claims that he was unjustly treated or that the discharge was improper.

2.  The applicant was separated for misconduct; he smoked marijuana.  By violating the Army's policy not to possess or use illegal drugs, he compromised the special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as an NCO, had the duty to support and abide by the Army's drug policies.  He failed to do so, and that failure constituted misconduct.  His narrative reason for separation and his RE code are, therefore, correct.

3.  The Board finds the applicant’s drug use as an NCO in the AGR program to be inexcusable and an impediment to any further service.

4.  The applicant’s computation of total prior inactive service in Block 12e of his DD Form 214 is incorrect.  He served in the USAR from 25 June 1974 to 28 June 1978 and in the ARNG from 17 August 1984 to 1 September 1986.  This service totaled 6 years, 0 months, and 19 days and should be reflected in Block 12e. The assigned separation code (LBK) signifies “Completion of Required Active Service.”  This code does not reflect the applicant’s true reason for separation (misconduct—drug abuse) and should be changed to “JKK”.

5.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by changing Block 12e of the DD Form 214 of the individual concerned from “01-11-16” to “06-00-19”; and

b.  by changing Block 26 of the DD Form 214 of the individual concerned from “LBK” to “JKK”.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__EW        __ELW __  __MW __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Edward Williamson___
		        CHAIRPERSON

INDEX

CASE ID	AR1999014811	
SUFFIX		
RECON		
DATE BOARDED	19990527	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19940617	
DISCHARGE AUTHORITY	NGR 600-200 C8, AR 135-178 C7	
DISCHARGE REASON	A60.00	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	100.0300	
2.	110.0200	
3.	110.0300	
4.		
5.		
6.