RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20050018021


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, in effect, that his general discharge (GD),
characterized as under honorable conditions (UHC), be upgraded to
honorable.

2.  The applicant states, in effect, that a single isolated incident
occurred and he was never fined at anytime while serving on active duty
(AD).  He cannot remember ever receiving a single Article 15, Uniform Code
of Military Justice (UCMJ).  He served honorably with good intentions and
felt that there was prejudice against him by his chain of command.

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.  The applicant is requesting correction of an alleged injustice which
occurred on 2 December 1988, the date of his discharge.  The application
submitted in this case is dated 13 December 2005.

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.  The applicant's military records show he entered active duty (AD) on
17 April 1987, as a food service specialist (94B).

4.  On 16 December 1987, the applicant was enrolled in the ADAPCP (Alcohol
and Drug Prevention and Control Program).  He was referred based on his
suspected alcohol and/or drug problems.

5.  On 2 February 1988, the applicant was officially accepted in the
rehabilitation treatment program, Track II.

6.  He was advanced to pay grade E3 on 1 April 1988.

7.  On 8 April 1988, the applicant was punished under Article 15, UCMJ, for
disobeying a lawful regulation, by wrongfully consuming alcoholic beverages
as a minor, and for being drunk and disorderly on 2 April 1988.  His
punishment consisted of a reduction to the pay grade of E-1, a forfeiture
of pay of $156.00 (suspended), and 14 days restriction and extra duty.

8.  On 13 April 1988, the ADCO (Alcohol and Drug Control Officer) declared
the applicant as a rehabilitation failure.  His dates of appointment were:
3, 10, 17 and 24 February 1988; 2, 9, 16, 23, and 30 March 1988; and
6 April 1988.  The ADCO recommended that he be discharged under Army
Regulation 635-200, chapter 9, due to not progressing in the ADAPCP.  The
applicant was not attending alcoholic anonymous meetings, continued to
drink while enrolled, and had one alcohol-related incident.  It was
recommended he continue in Track II until his discharge. The ADCO concluded
that since declaring the applicant a rehabilitation failure indicated
unfitness for duty, he requested the commander's immediate attention to
expedite the applicant's elimination from the Army.

9.  On 24 August 1988, the applicant was punished under Article 15, UCMJ,
for failure to go to his appointed place of duty, on 19 August 1988.  His
punishment consisted of 14 days restriction and extra duty.

10.  The applicant was barred from reenlistment on 1 September 1988.  Item
10 (Other Factual and Relevant Indicators of Untrainability or
Unsuitability) of his DA Form 4126-R (Bar to Reenlistment Certificate)
indicates that the applicant was receiving a bar to reenlistment for: (1)
recurrent Article 15 punishments; (2) late payment of debts; and (3)
personal behavior bringing discredit upon his unit and the Army.

11.  On 11 November 1988, the applicant's 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 rehabilitation
failure.  He cited as the basis for his recommendation, the applicant’s
severe problem with alcohol, over the course of his enrollment in ADAPCP
and that he had shown no progress since he had been declared a
rehabilitation failure which indicated unfitness for duty.

12.  After consulting with counsel, the applicant waived his rights.




13.  On 21 November 1988, the separation authority approved the
recommendation for discharge and directed that the applicant be
furnished a GD, with his service characterized under honorable
conditions.  The applicant was discharged on 2 December 1988.  He had a
total of 1 year, 7 months, and 16 days of creditable service.

14.  There is no evidence in the applicant's service personnel record to
suggest that they were prejudiced against him.  The command's concerns for
him are reflected in the help they tried to provide him when they suspected
he had an alcohol and/or drug abuse problem.  The chain of command's
efforts were directed at rehabilitating the applicant.

15.  There is no evidence that the applicant applied to the Army Discharge
Review Board (ADRB) for an upgrade of his discharge within its 15-year
statute of limitations.

16.  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 Army's 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.

17.  Army Regulation 635-200, paragraph 3-7, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  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.  Whenever there is doubt, it is to be resolved in favor of
the individual.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was discharged under the
provisions of Army Regulation 635-200, chapter 9, for alcohol abuse
rehabilitation failure.

2.  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.

3.  There is no evidence in the applicant's records, and the applicant has
provided no evidence, to show that his discharge was unjust.  He also has
not provided evidence sufficient to mitigate the character of his
discharge.

4.  The applicant alleges that a single isolated incident occurred and he
was never fined at anytime while serving on AD.  The evidence shows,
contrary to his assertion, that he received two Article 15s, under UCMJ,
which show that two incidents occurred, not a single isolated incident.
The evidence further shows he was fined $156.00, during his first Article
15, although it was suspended.  The evidence shows that he was command
referred to the ADAPCP and was later officially accepted based on his
suspected alcohol problems.

5.  The applicant contends that he served honorably with good intentions.
It is noted that the applicant was enrolled in the ADAPCP, just 8 months
after his entry on AD, and was later discharged after completing 1 year,
7 months, and 15 days of creditable service.  It is apparent that while his
intentions may have been good, his service was not considered to be
honorable, based on the characterization of his service as shown on his DD
Form 214 and his problems with alcohol.

6.  Careful consideration has been given to the applicant's case regarding
the prejudices he claims his chain of command had against him.  However,
there is no evidence in the available records, and the applicant has
provided none, to suggest that there was any prejudice against him by his
company chain of command during his time of service.  It is evident that
the command's concerns for him were reflected in the help they tried to
provide him when they suspected he had an alcohol and/or drug abuse
problem.  The chain of command's efforts were directed at rehabilitating
the applicant.  The evidence shows the applicant did not make an effort to
fully participate in rehabilitation programs to his benefit.

7.  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 this requirement.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 December 1988; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 1 December 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

_SLP____  _RML___  __JGH __  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.




                                  ___Shirley L. Powell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018021                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19881202                                |
|DISCHARGE AUTHORITY     |AR .635-200, chap 9                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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