RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         27 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040010683


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Gale J. Thomas                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald Blakely                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne Douglas               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his discharge be upgraded to honorable.

2.  The applicant states that he had a life threatening experienced while
serving in Baumholder, Germany, when a Soldier from another Company tried
to kill him and a friend.  After that incident he began drinking not
realizing that it was becoming addictive.

3.  The applicant provides a letter of support from the Veterans Addiction
Recovery Center.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 November 1988.  The application submitted in this case is dated 16
November 2004.

2.  Title 10, U.S. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Evidence available to the Board indicates the applicant enlisted and
entered active duty on 26 November 1985.  He served in Germany from May
1986 through October 1988.

4.  On 19 August 1988 he was punished under the Uniform Code of Military
Justice for driving while intoxicated on 24 June 1988.  He had previously,
in July 1988, been referred to the Baumholder Community Alcohol and Drug
Abuse Prevention and Control Program (ADAPCP) as a result of the alcohol
related incident.

5.  On 29 September 1988, the Rehabilitation Team determined that the
applicant had not made satisfactory progress towards rehabilitation, that
he had failed to comply with treatment plans and goals, and had continued
to abuse alcohol.  The Rehabilitation Team recommended the applicant’s
discharge from the service.
6.  On 5 October 1988, his commander notified him that he was initiating
action to separate him from the service, under the provisions of Army
Regulation
635-200, Chapter 9, for alcohol abuse.  His commander stated that the
applicant’s discharge was based on his continued abuse of alcohol, and his
unsatisfactory progress in the ADAPCP.  He advised him of his rights and
options available to him.

7.  On 5 October 1988, the applicant, after consulting with counsel,
acknowledged that he understood the basis for his commander’s actions and
waived legal counsel, and elected not to submit a statement in his own
behalf.  He acknowledged that he understood that he could expect to
encounter substantial prejudice in civilian life if a general, under
honorable conditions discharge was issued to him.

8.  On 5 October 1988, the applicant’s commander recommended his separation
from the service under the provisions of Army Regulation 635-200, Chapter
9, for alcohol abuse.  He recommended that the applicant’s service be
characterized as under honorable conditions and issued a General Discharge
Certificate.

9.  On 5 October 1988, the appropriate separation authority approved the
applicant’s discharge.

10.  On 1 November 1988, the applicant was discharged for alcohol abuse as
a rehabilitation failure.  His DD Form 214 (Certificate of Release or
Discharge from Active Duty) indicates he had 2 years, 11 months and 6 days
of active service.  His service was characterized as under honorable
conditions and he was issued a General Discharge Certificate.

11.  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 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 regulation provided for issuance of
an honorable or general discharge.

12.  The applicant provides a statement from an Alcohol Rehabilitation
Program at the Brecksville Department of Veterans Affairs in Ohio,
attesting to his having completed primary treatment with their team from 8
January 2004 to 5 February 2004.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.  The applicant was
enrollment in an ADAPCP and failed to comply with treatment plans and
goals, continued to abuse alcohol, and was determined to be a
rehabilitative failure.

3.  There is no evidence and the applicant has not provided any evidence
that his drinking was related to an attempt on his life.  The applicant was
given numerous opportunities for improvement through counseling and
therapy, however, he did not avail himself to those opportunities.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 November 1988; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
31 October 1991.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RB __  __LF____  __LD  ___  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____  Ronald Blakely________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010683                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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