IN THE CASE OF:  

		BOARD DATE:  1 February 2021

		DOCKET NUMBER:  AR20200009570


APPLICANT REQUESTS: upgrade his (general) under honorable conditions (general) 
discharge to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, 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 served his country with great honor and great sacrifice. It 
has been quite some time, there was a lot of things going on at the time. There was 
nothing more he wanted to do but to serve Uncle Sam and this great country. It was 
taken due to bad judgement on his part as well as other parties.

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

	a.  He enlisted in the Regular Army on 29 November 1983. He held military 
occupational specialty 19D (Cavalry Scout).

	b.  His first duty assignment was Mannheim, Germany assigned to 3rd Squadron, 
7th Cavalry.

	c.  He received non-judicial punishment on/for:

		(1)  14 December 1985/on or about 17 November 1984, wrongfully possess 
some amount of marijuana in the hashish form. He was reduced to private/E-2, 
suspended until 12 July 1985.

		(2)  8 December 1986/on or about 0600 hours, 2 December 1986, without 
authority, fail to go at the time prescribed to his appointed place of duty. He was 
reduced to private first class (PFC)/E-3, suspended until 8 May 1987.

		(3)  30 December 1986/between on or about 20 October and 10 November 1986, 
wrongfully use some amount of marijuana. He was reduced to PFC/E-3.

	d.  On 11 February 1987, his commander notified the applicant of his intent to 
recommend his separation pursuant to the provisions of Army Regulation (AR) 635-200 
(Personnel Separations-Enlisted Personnel), chapter 14, paragraph 14-12c 
(commission of a serious offense), for misconduct – abuse of an illegal drug. The 
specific reason is repeat drug offenses. The applicant acknowledged receipt of 
notification and explanation of rights.

	e.  On 12 February 1987, he consulted with legal counsel on the basis for the 
contemplated action to separate him for misconduct – abuse of an illegal drug under AR 
635-200, chapter 14, paragraph 14-12c and its effects; of the rights available to him; 
and the effect of any action taken by him in waiving his rights.

*	He understood that he may expect to encounter substantial prejudice in 
civilian life if a general discharge under honorable conditions is issued to him
*	He understood that if he received a discharge certificate/character of service 
which is less than honorable, he may apply to the Army Discharge Review 
Board or the Army Board for Correction of Military Records for upgrading
*	He understood that he will be ineligible to apply for enlistment in the United 
States Army for a period of two years after discharge

	f.  His chain of command recommended that he be separated under the provisions 
of chapter 14, AR 635-200 and that his service be characterized as general, under 
honorable conditions.

	g.  On 19 February 1987, separation authority approved separation in accordance 
with chapter 14 of AR 635-200 for illegal drug abuse. He directed the applicant receive 
a General Discharge Certificate.

	h.  Accordingly, the applicant was discharged on 27 February 1987. His DD Form 
214 (Certificate of Release or Discharge from Active Duty) shows he was discharged in 
the rank of PFC/E-3 under the provisions of AR 635-200 paragraph 14-12c with a 
general, under honorable conditions characterization of service. He completed 3 years, 
2 months, and 29 days of active service.  He was awarded or authorized:

*	Army Service Ribbon
*	Army Achievement Medal (2nd Award)
*	Overseas Service Ribbon
*	Sharpshooter Marksmanship Qualification Badge (Rifle M-16)
*	Expert Marksmanship Qualification Badge (Grenade)
*	Driver and Mechanic Badge (Driver-T Bar)

4.  There is no evidence the applicant applied to the Army Discharge Review Board for 
review of his discharge within the board’s 15-year statute of limitations.

5.  By regulation, AR 635-200, chapter 14 deals with separation for various types of 
misconduct, which includes drug abuse, and states that individuals identified as drug 
abusers may be separated prior to their normal expiration of term of service.

6.  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 found that relief 
was not warranted. The Board carefully considered the applicant's request, supporting 
documents, evidence in the records, and published Department of Defense guidance for 
consideration of discharge upgrade requests. The Board considered the applicant's 
statement, his record of service, the frequency and nature of his misconduct (drug 
possession, and drug use), the reason for his separation and whether to apply 
clemency. The Board found insufficient evidence of in-service mitigating factors and the 
applicant provided no evidence of post-service achievements or letters of reference in 
support of a clemency determination. Based on a preponderance of evidence, the 
Board determined the character of service the applicant received upon separation was 
not in error or unjust. 


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:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 635-200 (Personnel Separations-Enlisted Personnel) sets forth the 
basic authority for the separation of enlisted personnel. Chapter 14 (Separation for 
Misconduct) deals with separation for various types of misconduct, which includes drug 
abuse, and states that individuals identified as drug abusers may be separated prior to 
their normal expiration of term of service. The regulation in effect at the time stated 
individuals in pay grades E-5 and above could be processed for separation upon 
discovery of a drug offense. Those in pay grades below E-5 could also be processed 
after a first drug offense and must have been processed for separation after a second 
offense. The issuance of a discharge under other than honorable conditions was 
normally considered appropriate.

	a.  Paragraph 3-7a(1) 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. Only the honorable characterization may be awarded a member 
upon completion of his or her period of enlistment or period for which called or ordered 
to active duty or active duty for training, or where required under specific reasons for 
separation, unless an entry level status separation (uncharacterized) is warranted.

	b.  Paragraph 3-7b(1) 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.  Paragraph 3-7b(2) states a characterization of under honorable conditions may 
be issued only when the reason for the member's separation specifically allows such 
characterization. It will not be issued to members upon separation at expiration of their 
period of enlistment, military service obligation, or period for which called or ordered to 
active duty.

3.  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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200009570


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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