RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 June 2007
      DOCKET NUMBER:  AR20060017571


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Chester A. Damian             |     |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 general under honorable conditions
discharge be upgraded to fully honorable.

2.  The applicant states he should have been allowed to commit himself to
the substance abuse in-house treatment facility.  Instead, his commander
ignored his cry for help and processed his discharge.

3.  The applicant states he was an A number 1 Soldier, but due to some
traumatic events that took place during 1980 to 1982 he began drinking very
heavily.  His mother was kidnapped, beaten, and raped.  His uncle died in
an old, abandoned house of pneumonia.  He lost his favorite aunt and uncle,
who were beaten to death in their own place of business.  All those things
took place one after another.  He turned to alcohol to ease his pain but he
had gotten out of control.  After 30 days in the correctional custody
facility (CCF), he wanted to apply to the substance abuse in-house
treatment facility.  After a while he was accepted, but his commander would
not allow him to enter.  Because of his rank he was not allowed a hearing
on the matter.  He was unfairly treated.

4.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 10 May 1982.  The application submitted in this case is dated
28 September 2006.

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 enlisted in the Regular Army on 10 October 1979.  He
completed basic training and advanced individual training and was awarded
military occupational specialty 91B (Medical Specialist).

4.  On 5 January 1982, the applicant accepted nonjudicial punishment (NJP)
under Article 15, Uniform Code of Military Justice (UCMJ) for operating a
passenger car while drunk.  His punishment was to be reduced to Private
First Class, E-3 (suspended for 90 days), to forfeit $335.00 pay per month
for two months, and to be placed in correctional custody for 30 days
(suspended for     90 days).  On 3 February 1982, the suspended punishments
were vacated.

5.  On or about 9 March 1982, the applicant requested to participate in the
Antabuse program.  On 9 March 1982, lab work was done on him and an
electrocardiogram (EKG) was given to him.

6.  On 17 March 1982, the applicant accepted NJP under Article 15, UCMJ for
telling a female Soldier that he acquired a gun and was going to kill her
and another male Soldier.  His punishment was to be reduced to Private, E-2
(suspended for 90 days), to forfeit 7 days pay (suspended for 90 days), and
to perform 14 days extra duty.

7.  The applicant completed a mental status evaluation and was found to be
mentally responsible, able to distinguish right from wrong and to adhere to
the right, and to have the mental capacity to understand and participate in
board proceedings.  He completed a separation physical examination and was
found qualified for separation.

8.  On 1 April 1982, the applicant was notified of his commander’s
intention to initiate action to effect his discharge for unsuitability
under the provisions of Army Regulation 635-200, chapter 13 because of
apathy, defective attitudes, or inability to expend effort constructively.

9.  The applicant acknowledged that he was advised by counsel of the basis
for the contemplated action to separate him for unsuitability.  He
submitted a statement in his own behalf.  He stated “I have requested my
due process rights which have been denied and in no way do I voluntarily
accept this Chapt 13.”

10.  On an unknown date, the applicant’s commander recommended the
applicant be separated for unsuitability.  He cited the applicant’s three
(sic) Article 15s as well as his attending CCF for 30 days and his not
showing any positive action to correct his shortcomings.  He stated the
applicant had been counseled numerous times in regard to drinking while on
duty and failing to report for duty.  He stated attempts had been made to
help the applicant with his drinking problem via the alcohol and drug
program; however, the applicant did not show a desire to help himself.

11.  On 7 April 1982, the applicant’s lab work and EKG came back “OK” and
he was prescribed Antabuse.

12.  On 23 April 1982, the appropriate authority approved the
recommendation to separate the applicant for unsuitability and directed he
received a general discharge.

13.  On 10 May 1982, the applicant was discharged with a general under
honorable conditions discharge.  He had completed 2 years, 7 months, and 1
day of creditable active service with no lost time.

14.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 13-4c of the version in effect
at the time provided that a member could be separated for unsuitability -
apathy (lack of appropriate interest, defective attitudes, and inability to
expend effort constructively).

15.  Army Regulation 635-200, paragraph 3-7a, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended that he began drinking very heavily when some
traumatic events took place during 1980 to 1982.  He contended that, after
      30 days in the CCF, he wanted to apply to the substance abuse in-
house treatment facility.  The evidence of record confirms that he
completed correctional custody around 3 March 1982 and on or about 9 March
1982 he requested to participate in the Antabuse program.

2.  However, he requested to participate in the Antabuse program about two
years after he states he started to drink heavily.  In addition, only a
week after he requested to participate in the program he accepted NJP for
threatening to kill two people.  It appears his commander made a reasonable
presumption that the applicant was not serious about seeking help for his
alcohol problem and therefore proceeded to initiate separation action.

3.  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.  His record of service
does not warrant upgrading his discharge to fully honorable.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 May 1982; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 May 1985.  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

__lds___  __jrs___  __cad___  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.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017571                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070605                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19820510                                |
|DISCHARGE AUTHORITY     |AR 635-200, ch 13. . . . .              |
|DISCHARGE REASON        |A40.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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