BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150004489 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 under honorable conditions discharge to honorable. 2. The applicant states, in effect, he has reformed since his discharge. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 April 1984. 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 enlisted in the Regular Army on 19 October 1982. 3. On 23 February 1983, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for violating pass policy by being in the bowling alley without a pass. His punishment was a forfeiture of pay and 7 days in the Correctional Custody Facility. 4. On 5 March 1984, following two instances of having positive urinalysis test results for marijuana (2 August 1983 and 9 December 1983, respectively), his commander notified him he was being considered for separation under the provisions of paragraph 14-12c (Commission of a Serious Offense), chapter 14 (Separation for Misconduct), Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) for misconduct - use of illegal drugs. The commander stated the basis for the proposed separation was the applicant's two positive urinalysis test results. 5. On 5 March 1984, the applicant acknowledged receipt of notification of the commander's intent to separate him. He consulted with legal counsel and was advised of the basis for the contemplated separation action for misconduct, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights available to him. The applicant: * waived consideration of his case by an administrative separation board and/or personal appearance before a board * elected not to submit a personal statement in his own behalf. * acknowledged he understood he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him * understood he could be ineligible for many or all benefits as a veteran under Federal and State laws in the event he was issued a discharge under other than honorable conditions 6. On 4 April 1984, the separation authority approved the applicant's discharge and directed the issuance of a General Discharge Certificate. The applicant was discharged accordingly on 13 April 1984. 7. His DD Form 214 confirms he was discharged for misconduct under the provisions of Army Regulation 635-200, paragraph 14-12c, with a narrative reason showing misconduct - drug abuse. His service was characterized as under honorable conditions. He completed 1 year, 5 months, and 25 days of creditable active military service. 8. There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. 9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense (to include abuse of illegal drugs), and convictions by civil authorities. Action will be taken to separate a member for misconduct when it was clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. b. 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. The applicant requests an upgrade of his general under honorable conditions discharge to an honorable discharge. He states, in effect, he has reformed himself since his discharge. 2. The evidence of record shows his separation action was accomplished in compliance with applicable regulations and there is no indication of procedural errors that would have jeopardized his rights. The discharge proceedings were conducted in accordance with applicable law and regulations at the time. 3. Based on his use of marijuana, the applicant's service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel. There appears to be an insufficient basis upon which to grant the requested relief. 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) AR20150004489 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004489 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1