| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Roger W. Able | Member | |
| Ms. Paula Mokulis | Member |
APPLICANT REQUESTS: That his general discharge under honorable conditions be upgraded to honorable and that his narrative reason for discharge be changed.
APPLICANT STATES: In effect, that he was led to believe that his discharge could be changed after a period of time. He states that he should not be considered an alcohol rehabilitation failure, as through no fault of his he had not completed the rehabilitation course. He states that he was young (19) when he "opted" for an early out, which he now sees was the wrong choice.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered active duty, at age 19, on 26 July 1984. He completed basic combat training and advanced individual training (AIT) with award of the military occupational specialty (MOS) 13M (Multiple Launch Rocket Systems Crewman). His first duty assignment was in Germany.
The applicant's records contain several general counseling statements that commend him on his duty performance. However, it also contains four counseling statements of a derogatory nature; one for poor personal appearance, one for his attitude and social life, and two for alcohol related incidents.
The applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) 6 August 1985. He completed Track I and attended 6 sessions of Track II, group counseling. The applicant's record does not contain the ADAPCP paperwork.
He received nonjudicial punishment (NJP), under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for being drunk and disorderly on 12 February 1986.
On 12 March 1986, the applicant's company commander recommended that the applicant be barred from reenlistment as a result of the alcohol related NJP and counseling statements. The applicant appealed the barring action.
At the same time the company commander also initiated administrative actions to have the applicant declared an alcohol rehabilitation failure and commenced discharge proceedings under Army Regulation (AR) 635-200, chapter 9.
The applicant again received NJP for being drunk and disorderly on 9 April 1986. He appealed this punishment stating that although he had been drinking, the incident was not a result of his drinking but that he had just been defending himself from another soldier who had been drinking in excess.
On 23 April 1986, the discharge authority accepted the recommendation and directed that the applicant be discharged under the provisions of AR 635-200, paragraph 9-6, that his service be characterized as general under honorable conditions, and that the applicant not be placed in the Individual Ready Reserve.
The applicant was discharged on 15 May 1986 under honorable conditions with a narrative reason of "alcohol abuse – rehabilitation failure." He had served 1 year, 9 months, and 20 days of his three-year active duty obligation with no reported lost time.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Alcohol and Drug Abuse Prevention and Control Program (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. At the time of the applicant's separation an honorable or general discharge was authorized.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded that:
1. The Board finds that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
2. The applicant's discharge was not voluntary or optional on his part, nor was it an "early out" program.
3. Although his record does not contain the ADAPCP intake paperwork, a requirement of the alcohol rehabilitation program is for the service member not to drink. The Board concludes that as he continued to drink, stopped attending Track II meetings before completion of the program, and continued to be involved in alcohol related incidents, he is clearly shown to be an alcohol rehabilitation failure. Therefore, the narrative reason for discharge is appropriate.
4. The applicant has failed to demonstrate that he was any less mature than other soldiers of the same age. The Board notes that he was 19 when he volunteered for military service, that he had successfully completed basic training and AIT without incident, and that his job and professional performance was never questioned. His satisfactory performance demonstrates his capacity to serve.
5. While the Board notes the applicant's age, at the time of the violations that led to his discharge, his current employment concerns, and his post-service conduct; none of these factors, either individually or in sum are so noteworthy as to warrant the relief requested.
6. 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.
| CASE ID | AR2001065807 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020516 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.4500 |
| 2. | 144.6900 |
| 3. | 144.9200 |
| 4. | |
| 5. | |
| 6. |
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