MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 25 November 1998
DOCKET NUMBER: AC97-09252
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
The Board considered the following evidence:
Exhibit A - Application for correction of military
records
Exhibit B - Military Personnel Records (including
advisory opinion, if any)
APPLICANT REQUESTS: That the narrative reason for separation of his 9 April 1979 discharge be changed to reflect that he was separated for medical reasons.
APPLICANT STATES: That he was discharged for alcohol or other drug abuse and was not given any treatment for his mental condition or any type of rehabilitation for his problem. He further states that he has been going to counseling and treatment centers since his discharge, mainly at the VA MedicaL Center and he is currently taking three types of medication for his problems.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 22 November 1976 for a period of 4 years. He successfully completed his training as an automotive repairman and was transferred to Germany on 20 May 1977.
On 25 October 1977 nonjudicial punishment (NJP) was imposed against the applicant for assaulting a military policeman, resisting arrest, and being drunk in public.
On 6 December 1977 NJP was imposed against the applicant for being drunk and for failure to go to his place of duty. His punishment consisted of a forfeiture of pay and 14 days extra duty and restriction.
On 17 July 1978 NJP was again imposed against the applicant for being drunk and disorderly in a public place. His punishment consisted of a forfeiture of pay, 14 days extra duty, and a reduction to the pay grade of E-2 (suspended 90 days).
On 11 December 1978 and 27 February 1979 NJP was imposed against the applicant for patronizing an off-limits establishment and for five incidents of failure to go to his place of duty.
The applicants commander initiated action to separate him from the service on 27 February 1979. He cited as the reasons for his recommendation for separation, the applicants involvement in numerous incidents of a discreditable nature involving the use of alcohol, his lack of desire for rehabilitation, his lack of participation after being enrolled in the command drug and alcohol abuse counseling program (applicant missed 18 out of 22 appointments), and his rehabilitative failure of the Alcohol Drug Abuse Prevention and Control Program (ADAPCP). The applicant acknowledged that he understood the reasons for the proposed separation. He also acknowledged that he understood his right to consult with military counsel and elected not to submit a statement in his own behalf.
The appropriate authority approved the recommendation for separation on 26 March 1979 and directed that he be issued an Honorable Discharge Certificate.
On 3 April 1979 NJP was again imposed against the applicant for five incidents of failure to go to his place of duty, and one incident of being drunk and disorderly. His punishment consisted of a reduction to the pay grade of E-1.
Accordingly, the applicant was honorably discharged on 9 April 1979 under the provisions of Army Regulation 635-200, chapter 9, due to alcohol or other drug abuse. He had served 2 years, 4 months, and 11 days of total active service
The applicant applied to the Army Discharge Review Board (ADRB) for a change of the narrative reason for his discharge. However, because he failed to apply within that boards 15-year statute of limitations, this Board accepted his application in lieu of a DD Form 149.
In the processing of this case a medical advisory opinion was obtained from the medical advisor of the Army Review Boards Agency which opined that the applicant was afforded treatment for his alcohol abuse and was deemed a rehabilitative failure because of his non-participation in the program. He was deemed fit for separation and there is no indication in his records to show that he suffered from any mental illness that would have warranted a medical separation.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. The applicants administrative separation was accomplished in accordance with applicable regulations with no evidence of any violations of the applicants rights. Accordingly, he was given the proper narrative reason for his separation and he has provided no evidence to justify changing the reason for his separation.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___jev___ ___js ___ __rvo ___ DENY APPLICATION
Loren G. Harrell
Director
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