IN THE CASE OF:  

BOARD DATE:  12 September 2019

DOCKET NUMBER:  AR20190007979


APPLICANT REQUESTS:  The applicant requests his under honorable conditions 
(general) discharge be upgraded to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 293 (Application for Review of Discharge)
*	DD Form 214 (Certification Release of Discharge)

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.  He is requesting an Honorable Discharge because he feels that he was not provided 
the opportunity to be properly counseled when he was discharged.  Had he had that 
opportunity, he would have remained in the military and moved on with his career.

3.  On 7 August, 1984, he enlisted in the Army on a 4 year contract.  He attended 
Training and awarded the military occupational specialty (MOS) 11B (Infantryman).  He 
was assigned with duty the Old Guard, Fort Myer, Virginia.  He subsequently reenlisted 
for a 12 month stabilization on 22 January 1988 for 3 years.  The highest rank he 
achieved was Sergeant (SGT/E5) on 9 February 1988.

4.  On 25 July 1988, he received an Article 15 for knowingly and wrongfully using some 
amount of marijuana, as determined by urinalysis, indicating the presence in your body 
while at duty.  He was reduced to the grade of Specialist(E4), to forfeit $250.00 a month 
for a period of 2 months, to perform 30 days extra duty, and 30 days restriction.

5.  On 9 August 1988, the applicant’s immediate commander notified him that he was 
being recommended for separation in accordance with AR 635-200, Chapter 14 for 
misconduct for drug abuse.  The applicant acknowledged the command’s intent to 
discharge him, acknowledged his available rights and spoke with legal counsel.  He was 
advised his available rights and the basis for discharge under the provision of Army 
Regulation 635-200, chapter 14.  He acknowledged he could be ineligible for many or 
all Army and/or Veterans Affairs Benefits, and did submit statements in his own behalf.  

      a.  The applicant provided two statements to the chain of command.  The first 
addressed the punishment he received for the Article 15.  He believed the punishment 
was swift and just.  He felt that his chain of command was only concerned about his 
punishment but not his well-being or any other matters concerning him.  There were 
days where he didn’t see any of his chain and they would not know if he was dead, 
alive, or even at the unit.  

      b.  His second statement shows he spoke of how he had learned from his mistake 
and that there must be discipline in order for the Army to work.  He learned at an early 
age, from his mother, to be prepared to suffer the consequences when you do wrong.  
Since his arrival to the Old Guard, he has represented the Army in 37 states and 2 
countries.  He has stood in front of many heads of state and even the president. He has 
been awarded three Army Achievement Medals (AAMs), a Good Conduct Medal 
(GCM), and attended the Non-Commissioned Officers Academy.  The reason he chose 
to get out is he feels that he is not worthy of his peers.  He had a great career but he 
made a mistake and he needs a new start and time to regain his confidence. He asked 
the Approval Authority to think about his discharge and award him with an honorable so 
that he will be able to stay in the reserves, get a good job, and one day return to 
service.

6.  On 14 September 1988, the appropriate separation authority approved the 
separation issuing the applicant and under honorable conditions (general) discharge 
and waived rehabilitation according to AR 635-200 Para 1-18.

7.  On 23 September 1988, he was discharged accordingly, his service was 
characterized as Under Honorable Conditions (general) for misconduct- abuse of illegal 
drugs.  His DD 214 shows he completed 3 years, 10 months of total active service and 
was awarded or authorized: 

*	AAM (3rd Award)
*	GCM
*	Army Service Ribbon
*	Army Superior Unit Award

8.  The applicant states that he was selected for a prestigious unit and he exceled at his 
duties.  He was never exposed to drugs or alcohol until he entered the army.  He 
performed his duties at the Pentagon, the White House, and overseas.  Due to the 
things he was exposed to, he got of track and was not provided the support or 
counseling on his problem.

      a.  AR 635-200, Chapter 14 separates members who demonstrate misconduct, in this 
case, it was for abuse of an illegal drug.  Paragraph 1-18 states, Commanders will insure 
that adequate counseling and rehabilitative measures have been taken before initiating 
action to separate a member. Waiving rehabilitation applies when it would not be in the 
best interest of the Army as it would not product a quality Soldier.

     b.  His records shows he had a stellar career prior to his misconduct of illegal drug 
use.  He completed his first enlistment of 4 years and reenlisted for 3 more.  The 
highest rank he achieved was SGT.  He tested positive for illegal drugs during a 
urinalysis and ultimately requested a discharge in accordance with AR 635-200, chapter 
14.

9.  In reaching its determination, the Board can consider the applicant's petition, his 
service record, and his statements in light of the published guidance on equity, injustice, 
or clemency.  

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board found that relief 
was warranted.  The board applied Office of the Secretary of Defense standards of 
liberal consideration and clemency to the complete evidentiary record, including the 
applicant’s statement and found the statement and evidence of honorable service, in the 
form of one prior honorable discharge and four personal meritorious awards, to be 
compelling.  The Board agreed that the applicant’s case warrants clemency in that the 
applicant’s honorable prior service and awards have mitigated the one instance of 
misconduct resulting in the discharge characterization.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XXX	:XXX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by amending the applicant’s 
DD Form 214 ending 88-09-23 by changing the discharge characterization to 
“Honorable.”


 

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.


ADMINISTRATIVE NOTE(S):

Not Applicable




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 drug abuse 

     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

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190007979


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20190007979
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ABCMR Record of Proceedings (cont)	AR20190007979


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