ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:	10 June 2019 
DOCKET NUMBER: AR20160016792

APPLICANT REQUESTS: The applicant requests that his General Under Honorable 
Conditions be upgraded to Honorable.

   *	(Stated applicant’s request; use bullets for multiple issue requests.) 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
*	DD Form 149 (Application for Correction of Military Record)
   *	DD Form 214 (Certificate of Release of Discharge from Active Duty) 
FACTS:
1.	The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.	The applicant request an upgrade to obtain employment, receive better benefits and 
a Re-Entry Code change.

3.	The applicant joined the Army on 26 October 2010. His record shows the highest 
grade he held was Private (PV2).
4.	On 19 September 2011, the applicant was positive for marijuana on a unit urinalysis. 
As a result, on and undated memo, the applicant's immediate commander notified him 
of his intent to separate him from service under the provisions of Army Regulation 635- 
200 (Personnel Separations – Enlisted Personnel), paragraph 14-12(c), for misconduct 
(drug abuse).

5.	On 24 February 2012, the applicant the applicant acknowledged receipt of the intent 
to separate. The applicant consulted with counsel and was advised of the basis for the 
contemplated actions to separate him under the provisions of Army Regulation 635-200, 
chapter 14, paragraph 14-12c, its effect of the rights available to him, and the effect of 
any action taken by him to waive his rights.



6.	On 30 March 2012, the separation approval authority directed that the applicant will 
be discharged from service, under the provisions of Army Regulation 635-200, 
paragraph 14-12c, for misconduct (drug abuse) with a general discharge.

7.	On 3 May 2012, the applicant was discharged accordingly. His DD Form 214 shows 
he was discharged under the provisions of Army Regulation 635-200, chapter 14-12c, 
and his service was characterized as under honorable conditions (general).  He served 
a total of 1 yea 6 months and 8 days. He is authorized the Army Service Ribbon, 
National Defense Service Medal, Global War on Terrorism Service Medal, and the 
Parachutist Badge.
8.	Army Regulation 635-200 (Personnel Separations) provides for separation due to 
patterns of misconduct which is prejudicial to good order and discipline and provides 
rehabilitation is waived when the approval authority determines it would not be in the 
best interest of the Army and a discharge under other than honorable conditions is 
normally considered appropriate for separations under the provisions of Chapter 14. 
The separation authority may direct a general discharge if such is merited by the 
Soldier’s overall record. Characterization of service as honorable is not authorized 
unless the Soldier’s record is otherwise so meritorious that any other characterization 
clearly would be inappropriate.
9.	His records show that he was positive on a unit urinalysis for marijuana use and the 
command exercised authority and separated him from service under the provisions of 
Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14- 
12(c), for misconduct (drug abuse).

10.	The ABCMR does not grant requests for upgrade of discharges solely for the 
purpose of making the applicant eligible for veterans' benefits: however, in reaching its 
determination, the Board can consider the applicant's petition, his service record, and 
his statements in light of the published DOD guidance on equity, injustice, or clemency.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, to include the DoD 
guidance on liberal consideration when reviewing discharge upgrade requests, the 
Board determined that relief was not warranted. Based upon the short term of service 
completed prior to the misconduct and the applicant already receiving a general 
discharge, the Board concluded there was no error or injustice which would warrant 
making a change to the applicant’s characterization of service.



BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:
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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

X 

CHAIRPERSON
Signed by: 
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.



REFERENCES:

1.	Title 10, U.S. Code, Section 1552(b), provides that applications for correction of 
military records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure 
to timely file within the three-year statute of limitations if the ABCMR determines it would 
be in the interest of justice to do so.

2.	Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.

   a.	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.	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. Action will be taken to separate a member for misconduct 
when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. 
A UOTHC discharge 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 a general court-martial convening authority may 
approve an honorable discharge or delegate approval authority for an honorable 
discharge under this provision of regulation.

      d.	Paragraph 14-12c provides for the separation when there is a pattern of 
misconduct involving acts of discreditable involvement with civil or military authorities 
and conduct which is prejudicial to good order and discipline.

   e.	Paragraph 1-18 waives the rehabilitation transfer because it would not be in the 
best interest of the Army as it would not product a quality Soldier

3.	The Under Secretary of Defense for Personnel and Readiness issued guidance to 
Military Discharge Review Boards and Boards for Correction of Military/Naval Records 
on 25 July 2018, regarding equity, injustice, or clemency determinations. Clemency 
generally refers to relief specifically granted from a criminal sentence. Boards for 
Correction of Military/Naval Records may grant clemency regardless of the court-martial 
forum. However, the guidance applies to more than clemency from a sentencing in a 
court-martial; it also applies to any other corrections, including changes in a discharge, 
which may be warranted on equity or relief from injustice grounds.





    a.	This guidance does not mandate relief, but rather provides standards and 
principles to guide Boards in application of their equitable relief authority.  In 
determining whether to grant relief on the basis of equity, injustice, or clemency 
grounds, Boards shall consider the prospect for rehabilitation, external evidence, sworn 
testimony, policy changes, relative severity of misconduct, mental and behavioral health 
conditions, official governmental acknowledgement that a relevant error or injustice was 
committed, and uniformity of punishment.

   b.	Changes to the narrative reason for discharge and/or an upgraded character of 
service granted solely on equity, injustice, or clemency grounds normally should not 
result in separation pay, retroactive promotions, and payment of past medical expenses 
or similar benefits that might have been received if the original discharge had been for 
the revised reason or had the upgraded service characterization