ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 April 2019 DOCKET NUMBER: AR20170018293 APPLICANT REQUESTS: His under other than honorable conditions (UOTHC) discharge be upgraded to an under honorable conditions (general) discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) FACTS: 1. The applicant states he is requesting an upgrade in hopes of having a stronger and better footing in life. It has been a struggle and he is aware that the mistakes he made put him into this situation. He takes full responsibility for his actions and he has learned from them. 2. The applicant enlisted in the Regular Army on 20 April 2013. 3. The applicant accepted nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on the following occasions for the indicated offenses: * on 29 August 2014, for failing to go to his appointed place of duty on four separate occasions and willfully missing movement * on 24 January 2015, for failing to go to his appointed place of duty on six separate occasions * on 28 May 2015, for failing to go to his appointed place of duty on seven separate occasions, disobeying a lawful general order by consuming alcohol under the age of 21, illegally using marijuana, and assaulting a fellow Soldier by striking him in the face and neck with a force likely to produce death or grievous bodily harm * on 31 August 2015, for illegal use of marijuana wrongfully using marijuana (tetrahydrocannabinol), a Schedule I controlled substance 4. The applicant's immediate commander notified the applicant on 2 March 2015 that he intended to initiate separation actions against the applicant under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12b, for a pattern of misconduct. The commander cited the applicant's NJP for 10 counts of failure to go to his place of duty and missing movement. Despite efforts to rehabilitate the applicant repeatedly through corrective training, counseling, and NJP, the pattern of misconduct had persisted. The applicant acknowledged receipt and his understanding that he was being processed for administrative separation. 5. The applicant formally acknowledged, on 30 July 2015, receipt of the contemplated action to separate him under the provisions of Army Regulation 635-200, paragraph 14-12c(2), and the rights available to him. 6. The applicant submitted a waiver of his rights on 6 August 2015; specifically, he waived his right to the review of his case by a board of officers contingent on his receipt of a general discharge. 7. The applicant's immediate commander formally recommended his separation on 18 August 2015, under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for misconduct – abuse of illegal drugs. His commander recommended that his service be characterized as UOTHC. 8. The applicant consulted with legal counsel on 9 September 2015. He acknowledged the proposed separation for misconduct – abuse of illegal drugs with a UOTHC discharge, and the procedures and rights that were available to him. He acknowledged his understanding that by requesting discharge, he was admitting guilt to the charge against him, or of a lesser included offense that also authorized the imposition of a bad conduct or dishonorable discharge. He further acknowledged he understood that if his discharge request was approved he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the Veterans Administration, and he could be deprived of his rights and benefits as a veteran under both Federal and State laws. Subsequent to receiving legal counsel, he waived his right to submit a statement in his own behalf. 9. The separation authority approved the applicant's request for discharge on 10 September 2015, under the provisions of Army Regulation 635-200, paragraph 14-12c(2), misconduct – abuse of illegal drugs. He directed that the applicant be separated prior to the expiration of his term of service, and that his service be characterized as UOTHC. 10. The applicant was discharged on 27 September 2015. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2), misconduct – abuse of illegal drugs, and his service characterization was UOTHC. His DD Form 214 further shows he was discharged in the rank/grade of private/E-1. 11. The Army Discharge Review Board denied the applicant's request for an upgrade on 9 June 2017. 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 relative short term of service completed prior to multiple occasions with multiple UCMJ violations, the Board concluded that the characterization of service received at the time of discharge was appropriate. For that reason, the Board recommended denying the applicant’s request for relief. 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. 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: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. c. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions (a pattern of misconduct consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), commission of a serious offense, and convictions by civil authorities. 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 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. d. Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. ABCMR Record of Proceedings (cont) AR20170018293 0 3 1