IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150009624 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 IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150009624 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. IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150009624 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 under honorable conditions to honorable. 2. The applicant states: * he was a young person in 1984 * he was discharged because he tested positive for marijuana * he is a leader in his community and president of his local Fraternal Order of Eagles * he has led an exemplary life and he made mistakes when he was a young E-5 * he would have had a chance at rehabilitation had he been an E-4, but a new regulation was in effect at the time that did not allow E-5's the option for rehabilitation * he was an exemplary Soldier except for his positive drug test * he never wants his grandchildren to question his service after his death 3. The applicant provides no additional evidence. 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 3 February 1978. 3. A drug urinalysis report from the CompuChem Laboratories, Incorporated, Triangle Park, NC, dated 25 October 1984, shows the applicant tested positive for tetrahydrocannabinol (marijuana). 4. His DA Form 4856-R (General Counseling Form), dated 31 October 1984, shows: a.  He underwent a command-directed urinalysis on 1 October 1984 and the results revealed his use of a controlled substance. b.  He was advised he that he would be mandatorily enrolled in a drug abuse education and counseling program and that he would be processed for separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14. c.  He acknowledged the counseling and concurred with the information. 5. On 9 November 1984, he was notified of initiation of elimination proceedings under the provisions of Army Regulation 635-200, chapter 14, section III (Acts or Patterns of Misconduct), and of his rights. He was also advised that the least favorable service characterization he could receive was general under honorable conditions. He acknowledged receipt of the notice on the same date. 6. A memorandum from the Assistant Noncommissioned Officer-in-Charge, S-4, Headquarters, 10th Military Police Battalion (One-Station Unit Training), Training Brigade, U.S. Army Chemical and Military Police Center and Fort McClellan, dated 6 November 1984, subject: Synopsis of Memorandums Noting Deficiencies, shows he was verbally counseled for deficiencies in his performance or appearance as follows: * 15 May 1984 – boot soles dirty, uniform unpressed * 1 June 1984 – boots unshined, uniform unpressed * 4 June 1984 – boots unshined, uniform unpressed * 5 June 1984 – boots unshined, uniform unpressed * 6 June 1984 – boots unshined, uniform unpressed * 13 June 1984 – boots unshined, uniform unpressed, and failed to show for physical training * 9 July 1984 – failed to attend sick call after not attending physical training * 24 July 1984 – late for work call formation * 27 July 1984 – failed to show up for physical training 7. On 14 November 1984 after consulting with counsel, he acknowledged that the least favorable character of service which he could receive was general under honorable conditions. He waived: * consideration and a personal appearance before a board of officers * submission of statements in his own behalf * representation by counsel * psychiatric examination 8. The remarks block of his DA Form 3822-R (Report of Mental Status Evaluation), dated 14 November 1984, show: * he had no psychiatric diagnosis * it was unlikely that further rehabilitation efforts would be effective * he was psychiatrically cleared for administrative action deemed appropriate by his command 9. On 19 November 1984, his commander recommended his discharge for a pattern of misconduct based on his positive urinalysis under the provisions of Army Regulation 635-200, chapter 14, section III. 10. On 28 November 1984, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 14-12b, and directed his characterization of his service as general under honorable conditions. 11. On 4 December 1984, he was discharged accordingly. His DD Form 214 shows he completed 6 years, 10 months, and 2 days of creditable active military service. 12. There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. REFERENCES: 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 personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave. b.  Paragraph 14-12b, in effect at the time, provided for the separation of members for a pattern of misconduct consisting of discreditable involvement with civil or military authorities and conduct prejudicial to good order and discipline. Discreditable conduct and conduct prejudicial to good order and discipline included conduct in violation of the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army regulations, the civil law, and time-honored customs and traditions of the Army. c.  Paragraph 14c(1), in effect at the time, stated first-time drug offenders in grades E-5 through E-9 would be processed for separation upon discovery of a drug offense. d.  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: 1. The applicant's request for an upgrade of his general discharge under honorable conditions to honorable was carefully considered. 2. There is no evidence of record and the applicant has not provided any evidence showing he was not properly and equitably discharged in accordance with the regulations in effect at the time which provided that first-time drug offenders in grades E-5 through E-9 would be processed for separation upon discovery of a drug offense. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009624 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009624 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2