ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  27 June 2019

	DOCKET NUMBER:  AR20170015703


APPLICANT REQUESTS:  an upgrade from general to an honorable discharge


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 293 ( Application for the Review of Discharge from the Armed Forces of the United States)

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, based upon his military records and conduct his general should be upgraded to an honorable.

3.  A review of the applicant’s service record shows:

   a.  He enlisted in the United States Army Reserve (USAR) on 30 July 1986.

   b.  On 17 December 1990, he was counseled for failing the urinalysis, he tested positive for cocaine, indicating illegal or controlled substance abuse.

   c.  On 25 April 1991, his immediate commander notified him that action was being initiated to separate him under the provisions of Army Regulation (AR) 135-178 (Enlisted Administrative Separations) Chapter 7 (Misconduct).

   d.  On 25 April 1991, he acknowledged the commander’s intent to separate him under the provisions of AR 135-178, Chapter 7 (Misconduct).

   e.  Subsequent to the applicant's acknowledgement, on 14 December 1991, the immediate commander formally initiated separation action against the applicant under the provisions of AR 135-178, Chapter 7 (Misconduct).

   f.  On 2 May 1992, following a legal review for legal sufficiency, the separation authority approved the recommendation for separation under the provisions of AR 135-178, Chapter 7, with a general discharge under honorable conditions.

   g.  He was discharged from active duty on 18 February 1987.  His DD Form 214 shows he was awarded/authorized the Army Service Ribbon.

4.  Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) provides policy on incentives to sustain and maintain members.  Incentive skills shall be used to attract and retain individuals possessing or qualifying for training in critical skills and/or critical units needed in wartime and to sustain membership and maintain readiness in the National Guard and Reserve components. Incentives shall be implemented in specific situations where other, less costly, methods have proven inadequate or ineffective and only as necessary to support unit and skill staffing requirements.

5.  By regulation, discharges under the provisions of AR 135-178 provides that a member may be separated for defective enlistments and reenlistments, entry level performance and conduct, unsatisfactory performance, substance abuse rehabilitation failure, misconduct, and unsatisfactory participation in the ready reserve.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  Based upon the applicant completing his entry level training (including basic training and advanced individual training), the Board concluded that the information currently reflected on his DD Form 214, dated 18 February 1987, was an error.  The Board recommended changing the the characterization of service on that DD Form 214 to Honorable.

However, based upon the drug use and the applicant already receiving a general discharge from the USAR, the Board found no error or injustice which would warrant making a change to his characterization of service from the USAR.


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, dated 18 February 1987, showing his characterization of service as Honorable.
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 from the service he completed during service in the USAR.
	 
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 135-178 sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States and USAR enlisted Soldiers for a variety of reasons.

   a.  Paragraph 2-9a states an honorable characterization is appropriate when the quality of the Soldier’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 2-9b states that if a Soldier's service has been honest and faithful, it is appropriate to characterize that service as under honorable conditions.  Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of the Soldier's conduct or performance of duty outweigh positive aspects of the Soldier's military record.  When authorized, a characterization of under honorable conditions is awarded to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

	c.  Paragraph 2-9c states service may be characterized as under other than honorable conditions only when discharge is for misconduct, fraudulent entry, unsatisfactory participation, or security reasons.

	d.  Chapter 3 (Guidelines for Separation), in pertinent parts, states the commander will notify the Soldier, in writing, of the matter set forth, i.e., proposed separation, rights to counsel, submit statements, and administrative board if applicable.

	(1)  Reasonable effort should be made to furnish copies of the notice to the Soldier.  A written acknowledgement of the notice will be obtained. If the Soldier cannot be personally contacted or refuses to acknowledge receipt of the notice, the notice will be sent by registered or certified mail, return receipt requested, to the most recent address furnished by the Soldier.

	(2)  If the notification memorandum was mailed and the Soldier fails to acknowledge receipt, or to submit a reply within 30 calendar days, that fact will constitute a waiver of his rights.


ABCMR Record of Proceedings (cont)	 AR20170015703


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