ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 June 2019 DOCKET NUMBER: AR20170014189 APPLICANT REQUESTS: an upgrade of her general, under honorable conditions discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for Review of Discharge or Dismissal from the Armed Forces of the United States). * Diploma from Military Police School * Honorable Discharge from the National Guard * Certificate of Achievement * Certificate of Training * Certificate of Training * Honor Graduate Letter 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 states she was living through traumatic events at the time and had started to self-medicate with marijuana and alcohol. She feels she has made it through the traumatic events and would like to have her discharge reflect who she was before the events occurred. 3. A review of the applicant’s service record shows: a. She enlisted in the Regular Army on 20 November 1984. b. She served in Germany from 6 March 1985 to 11 May 1987. c. DA Form 2627 (Record of Proceeding Under Article 15, UCMJ) was initiated on her on 6 June 1986 for wrongfully use of marijuana. d. On 3 December 1986, the commander requested a mental evaluation, which was within normal limits. e. DA Form 2627 (Record of Proceeding Under Article 15, UCMJ) was initiated on her on 30 December 1986 for wrongfully use of marijuana. f. A DA Form 4126R (Bar to Reenlistment Certificate) was initiated on the applicant on 30 December 1986. g. On 12 March 1987, her immediate commander notified her of his intent to initiate separation action against her in accordance with chapter 14 (Separation for Misconduct), paragraph 14-12(d) (Abuse of illegal drugs) of Army Regulation (AR) 635- 200 (Personnel Separations – Enlisted Personnel). He recommended an under other than honorable discharge. h. The applicant acknowledged receipt of the commander’s intent to separate her. She consulted with legal counsel who advised her of the basis for the contemplated separation action, its effects, the rights available to her, and the effect of any action taken by her in waiving her rights. i. She understood if she had six or more years of total active duty/or reserve military service or if her separation could result in receiving an under other than honorable conditions discharge, she could request a personal appearance before an Administrative Separation Board. j. She requested consideration of her case by a board of officers and requested a personal appearance before the board of officers. She elected to submit statements in her own behalf. (1) A statement by the applicant, which states the results of the urinalysis test which read positive are not accurate. She has not, nor has she ever been related to any type of illegal drugs. As a military police, as well as a professional Soldier, she knows that drugs are not tolerated in the Armed Forces. She is also aware of the consequences that follow any drug related incidents. She does not smoke marijuana and does not know the reason why the results read positive. She would never jeopardize her military career. (2) A statement from the applicant is she was not trained on most of the equipment required. The applicant feels she had no support from here leaders and had to deal with a lot of mental issue which caused here to stress out and use alcohol. The applicant has shown him that she is hard-working, conscientious, and a knowledgeable Soldier. She strives to increase her knowledge of military subjects. He was totally surprised of the results of the urinalysis. 4. There is no record of an administrative separation board. Subsequent to her acknowledgement and consultation with counsel, her immediate commander initiated separation action against her due to misconduct, commission of a serious offense in accordance with AR 635-200, chapter 14. 5. On 24 April 1987, the separation authority approved the applicant’s discharge under the provisions of AR 635-200, chapter 14-12 with her service characterized as under honorable conditions (general). 6. The applicant was discharged from active duty on 11 May 1987. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharge for misconduct – abuse of illegal drugs under the provisions of AR 635-200, chapter 14- 12(c). Her service was characterized as under honorable conditions (general). It shows she completed 2 years, 5 months, and 22 days of active service. Item 18 (Remarks) does not include an entry for continuous honorable service, but it shows: * she was assigned Separation Code "JKK and Narrative Reason for Separation as "Misconduct –Abuse of Illegal Drugs” * she was awarded or authorized Army Service Ribbon, Overseas Service Ribbon, Marksman Marksmanship Badge Grenade, Sharpshooter Marksmanship Badge Pistol 38 Cal/Sharpshooter Marksmanship Bade Pistol 7. By regulation: a. Members will be processed for separation for abuse of illegal drugs. b. Using today’s regulation, Soldiers who have previously reenlisted without being issued a DD Form 214 and who are being separated with any characterization of service except “Honorable,” the following statement will appear as the first entry in block 18, “Continuous Honorable Active Service From (first day of service for which a DD Form 214 was not issued, e.g., 761218) Until (date before commencement of current enlistment, e.g., 821001)”, then enter the specific periods of reenlistments. 8. In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. The board determined an upgrade is not warranted based upon the multiple offenses of drug use in the record. However, the Board concluded a masking of the reason for separation is appropriate as there was an injustice. She should have been chaptered for failure to overcome a bar to reenlistment instead of misconduct in which she received UCMJ. They agreed to amend it to read Secretarial Authority. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing her narrative reason for separation as “Secretarial Authority”. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to upgrading the characterization of his discharge. 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, USC, 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 Army Board for Correction of Military Records (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 (AR) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a (Honorable discharge) states an honorable discharge is a separation with honor. 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 (General discharge) states a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Chapter 14 of this regulation provides that Soldiers are subject to separation 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. Members against whom charges will not be referred to a court-martial authorized to impose a punitive discharge or against whom separation action will not be initiated will be processed for separation. Abuse of illegal drugs is serious misconduct. 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes policy and gives guidance for the completion of the DD Form 214. It states, in pertinent part for item 18, enter a list of enlistment periods for which a DD Form 214 was not issued. Example: Immediate reenlistments this period: 761210-791001; 791002-821001. 4. AR 635-5, in effect after her discharge, stated that the first entry in block 18 lists reenlistment periods for which a DD Form 214 was not issued, if applicable, e.g., "Immediate reenlistments this period: 761218-791001; 791002-821001." However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and who are being separated with any characterization of service except "Honorable," the following statement will appear as the first entry in block 18, "Continuous Honorable Active Service From (first day of service for which a DD Form 214 was not issued, e.g., 761218) Until (date before commencement of current enlistment, e.g., 821001)"; then enter the specific periods of reenlistments as prescribed above. 5. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. 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 based on equity, injustice, or clemency grounds, BCM/NRs 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. 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. ABCMR Record of Proceedings (cont) AR20170014189 5 1