BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007071 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007071 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 his discharge is inequitable because it was based on one isolated incident in 18 months of service with no other adverse actions. 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 1 July 1983. He was advanced to the rank of specialist four effective 1 September 1984. 3. On 2 October 1984, nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice was imposed against him for using marijuana. Part of his punishment consisted of a reduction in rank/grade to private first class, E-3. 4. On 20 December 1984, he was notified of his pending separation for misconduct (abuse of illegal drugs) under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12d. The unit commander cited his illegal use of marijuana and the positive urinalysis results for marijuana as the basis for the proposed separation. 5. On 9 January 1985, he consulted with counsel. He waived his rights and acknowledged that he might encounter substantial prejudice in civilian life if he were issued a general discharge. He elected to submit a statement in his own behalf. In summary, he stated he liked the Army, he always tried to do a good job, and it hurt him to receive nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for using marijuana. He stated he would like to stay in the Army. 6. On 19 February 1985, the separation authority approved the recommendation for discharge and directed the issuance of a General Discharge Certificate. 7. On 14 March 1985, he was discharged under honorable conditions (general) for misconduct (abuse of illegal drugs) under the provisions of Army Regulation 635-200, paragraph 14-12d. He completed 1 year, 8 months, and 14 days of creditable active service. 8. There is no indication he petitioned 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 from active duty. a. 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. b. 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. c. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense. 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. DISCUSSION: 1. The applicant contends his discharge is inequitable because it was based on one isolated incident in 18 months of service with no other adverse actions. 2. The evidence of record shows: * his record of service included one nonjudicial punishment for using marijuana * he was discharged for misconduct (abuse of illegal drugs) * his service was characterized as under honorable conditions (general) 3. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would have jeopardized his rights. 4. Although a discharge under other than honorable conditions is normally considered appropriate for the authority and reason for his discharge, he was issued a general discharge under honorable conditions. BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007071 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007071 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007071 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2