IN THE CASE OF: BOARD DATE: 1 November 2011 DOCKET NUMBER: AR20110003832 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 her Bad Conduct Discharge (BCD) be upgraded to a General Discharge. 2. The applicant states although she was a very good Soldier, she succumbed to her alcoholism and drug addiction. Her situation was compounded because her superiors believed she was distributing illegal drugs as well as using them. 3. While she continued her alcoholic behavior after she was released from incarceration, she has turned over a new leaf by enrolling in a long-term recovery facility and is working diligently to get back on track. She believes this upgrade will help in her effort to live a sober and productive life. 4. The applicant does not provide any additional documents. 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 military records show that she enlisted in the Regular Army on 28 November 1989 and was awarded the military occupational specialty of medical specialist. 3. On 18 December 1990, in accordance with her pleas, a General Court-Martial found the applicant guilty of: * distribution of heroin on 7, 15, and 26 September 1990 * distribution of marijuana * wrongful use of marijuana * wrongful use of heroin on 15 and 26 September 1990 * violation of a lawful order or general regulation by possessing drug abuse paraphernalia (two specifications) 4. Her sentence consisted of a BCD, confinement for 4 years, forfeiture of $474 pay per month for 48 months, and a reduction to pay grade E-1. 5. The appropriate authority approved the sentence and, with the exception of the BCD, ordered it to be executed. 6. On 24 September 1991, the United States Army Court of Military Review ordered administrative corrections in the record of trial, and then affirmed the findings and sentence. 7. On 11 December 1991, the United States Court of Military Appeals denied the applicant's petition for grant of review. 8. On 11 February 1992, the applicant's BCD was ordered to be executed. 9. Accordingly, on 6 March 1992, she was discharged with a BCD. 10. Army Regulation 635-200 (Enlisted Separations) sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-7b provides that 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. 11. Army Regulation 635-200, paragraph 3-7a provides that 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. While the applicant argues that she did not distribute illegal drugs, she pled guilty to and was convicted of several specifications of this charge. She has not submitted any evidence to refute the appropriateness of the verdict. 2. In addition, her case was given full consideration by the United States Army Court of Military Review. The time to challenge the charges would have been during her trial or during her appellate review. 3. While it is commendable that the applicant has decided to quit illegal drugs and alcohol 19 years after her discharge and turn her life around, unfortunately, this is insufficient to warrant upgrading a properly-issued 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) AR20110003832 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110003832 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1