ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 May 2019 DOCKET NUMBER: AR20180000232 APPLICANT REQUESTS: His under honorable conditions (general) discharge be upgraded to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), Section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) 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 he was told he could apply for an upgrade after six months. 3. Following prior honorable service in the U. S. Marine Corps (USMC), the applicant enlisted in the Regular Army on 31 September 1981. 4. The applicant received a negative general counseling on 1 February 1984, for his failure to attend remedial physical fitness training (PT). Attached to this form are statements indicating the applicant failed to attend remedial PT on four additional days. 5. A Letter of Assessment, date 6 March 1984, notes: * the applicant was referred to the Army Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) due to a positive urinalysis on 16 May 1983 * he reported continuing use of illegal drugs through January 1984 * he stopped use in February but resumed use at the end of the month * his prognosis was considered extremely poor * he was being disenrolled from the ADAPCP * 6. The applicant's commander notified the applicant on 26 March 1984 that he was contemplating separation actions against the applicant under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 9, based on the applicant's continued use and abuse of drugs. The applicant acknowledged receipt of the proposed separation and his options on the same date. 7. The applicant consulted with legal counsel on 31 April 1984. He waived his rights to have his case reviewed by a board of officers, to have a personal appearance and to submit a statement in his own behalf. 8. The applicant's commander formally recommended his separation from service under the provisions of Army Regulation 635-200, chapter 9, based on the applicant's continued use and abuse of drugs. The separation authority approved the discharge, under the provisions of Army Regulation 635-200, chapter 9, and directed that the applicant receive a general discharge. 9. The applicant was discharged on 9 May 1984, under the provisions of Army Regulation 635-200, chapter 9, drug abuse rehabilitation failure, and his service characterization was under honorable conditions. His DD Form 214 does not show any receipt of a personal award or decoration. 10. The available record does not include any evidence that the applicant was told he could seek an upgrade after 6 months, or that such a review would result in an upgrade. BOARD DISCUSSION: After review of the application and all evidence, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined there is insufficient evidence to grant relief. Based upon the prolonged use of drugs, as well as a lack of character evidence presented by the applicant to show he has learned and grown from those events leading to discharge, the Board concluded that the characterization of service received at the time of discharge was appropriate. 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. 5/21/2019 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, 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 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. 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 9 sets forth the basic authority for the separation of enlisted personnel. because of alcohol or other drug abuse. A member who has been referred to ADAPCP for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. The service of Soldiers discharged under this section will be characterized as honorable or under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required.