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ARMY | BCMR | CY2004 | 20040010903C070208
Original file (20040010903C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         27 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040010903


      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 it has been over 18 years since his discharge
and his record has been clean.  He is trying to get service connected
disability.  He states he is mentally disabled, and collects social
security benefits, and that he sees Department of Veterans Affairs (VA)
doctors and nurses every month for schizophrenia.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty on 2 January 1986.  He served in Korea from June 1986 to May
1987.

2.  On 2 September 1987, his commander referred him to the Alcohol and Drug
Abuse Prevention and Control Program (ADAPCP) for evaluation.

3.  An initial screening and evaluation was conducted by the ADAPCP
counseling staff on 9 September 1987, which revealed that the applicant’s
primary substance of abuse was alcohol.  A medical examination conducted on

7 October 1987 also confirmed the abuse of cocaine.

4.  On 11 September 1987, the ADAPCP Team determined that the applicant’s
problems were significant enough to warrant his enrollment in Track II.

5.  On 25 September 1987, the applicant was punished under Article 15 of
the Uniform Code of Military Justice (UCMJ) for using cocaine between 20
July 1987 and 30 July 1987.

6.  On 15 December 1987, the ADAPCP Team determined that the applicant had
not made satisfactory progress toward successful rehabilitation, that
further efforts in a military environment was not justified in light of the
applicant’s lack of progress, and recommended his separation from the
service under the provisions of Army Regulation 635-200, Chapter 9.




7.  On 17 December 1987, a summary of the ADAPCP rehabilitation efforts
concerning the applicant noted that the applicant failed to comply with
treatment plans and goals and was discharged early from Track II-Intensive
treatment program because he did not make the mandatory weekend Alcoholic
Anonymous and Narcotics Anonymous meetings, had received numerous
counseling statements, and had poor job performance.

8.  The applicant’s commander, in consultation with the ADAPCP
Rehabilitation Team, determined that the applicant was not suited for
continued rehabilitation efforts, declared the applicant to be a
rehabilitation failure, recommended his immediate discharge under the
provisions of Army Regulation 635-00, Chapter 9, and recommended that the
applicant receive a general discharge.

9.  On 21 January 1988, the applicant was notified by his commander that he
was initiating action to separate him under the provisions of Army
Regulation 635-200, Chapter 9.  The specific reason for his commander’s
action was the applicant’s alcohol and other drug abuse rehabilitation
failure.  His commander recommended he receive a general discharge with a
characterization of service of under honorable conditions.  The applicant
was advised of his rights and the options available to him.

10.  On 27 January 1988, after consulting with counsel, the applicant
acknowledged receipt of notification by his commander and waived his
attendant rights.

11.  On 28 January 1988, the appropriate separation authority directed the
applicant’s discharge from military service by reason of alcohol or other
drug abuse rehabilitation failure, and directed the issuance of a general
discharge.

12.  On 4 February 1988, the applicant was discharged under Army Regulation
635-200, Chapter 9, with an under honorable conditions characterization of
service.  His DD Form 214 indicates he had 2 years, 1 month and 3 days of
active service.

13.  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.  A general or honorable discharge was
considered appropriate.
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 the facts of the case.

3.  The fact that the applicant has been discharged for over 18 years and
has had a clean record does not justify granting the relief requested.

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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RB ___  __LF____  ___LD    _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____ Ronald Blakely________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010903                           |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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