RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2007
      DOCKET NUMBER:  AR20070006874


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 honorable.

2.  The applicant states he has completed drug rehabilitation and is a
stroke patient at the Department of Veterans Affairs Medical Center in
Richmond, VA.  He is attempting to reenter society.

3.  The applicant provides his DD Form 214 (Certificate of Release or
Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 16 January 1981.  He
completed basic training and advanced individual training and was awarded
military occupational specialty 94B (Food Service Specialist).  He was
honorably discharged on 16 November 1983 and immediately reenlisted on 17
November 1983.

3.  On 9 October 1985, the applicant was enrolled in the Alcohol and Drug
Abuse Prevention and Control Program (ADAPCP) for drug abuse (testing
positive for marijuana on 9 October 1985).

4.  The applicant tested positive for marijuana on 12 November 1985.  He
tested positive for cocaine on 10 and 30 December 1985 and on 7 January
1986.

5.  On 14 February 1986, a mental status evaluation found the applicant to
have the mental capacity to understand and participate in board proceedings
and to be mentally responsible.

6.  On 14 February 1986, a separation physical examination was completed
and the applicant was found to be qualified for separation.

7.  On 21 February 1986, the applicant was declared a rehabilitation
failure by his commander with the concurrence of the ADAPCP staff.

8.  On 7 March 1986, the applicant accepted non-judicial punishment (NJP)
under Article 15, Uniform Code of Military Justice (UCMJ) for wrongfully
using some amount of marijuana between 4 and 12 November 1985 and some
amount of cocaine between 21 and 30 December 1985.

9.  On 11 March 1986, the applicant accepted NJP under Article 15, UCMJ for
wrongfully using cocaine between 4 and 7 January 1986.

10.  On 12 March 1986, the commander initiated separation action on the
applicant under the provisions of Army Regulation 635-200, chapter 9, for
drug abuse rehabilitation failure.

11.  On 14 March 1986, the applicant was advised by consulting counsel of
the basis for the contemplated separation action and made no statement.

12.  On 19 March 1986, the appropriate authority approved the
recommendation and directed the applicant be furnished a General Discharge
Certificate.

13.  On 14 April 1986, the applicant was discharged, with a general under
honorable conditions discharge, in pay grade E-2, under the provisions of
Army Regulation 635-200, chapter 9 for drug abuse rehabilitation failure.
He had completed a total of 5 years, 2 months, and 29 days of creditable
active service and had no lost time.

14.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 9 provides for the discharge of
members based on alcohol or other drug abuse such as the illegal, wrongful,
or improper use of any controlled substance, alcohol, or other drug when
the Soldier in enrolled in, at the time, the ADAPCP and the commander, in
consultation with the rehabilitation team, determines that further
rehabilitation efforts are not practical, rendering the Soldier a
rehabilitative failure.

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’s separation was accomplished in compliance with
applicable regulations with no indication of procedural errors which would
tend to jeopardize his rights.

2.  The applicant’s completion of drug rehabilitation is to be commended.
However, during his last enlistment he tested positive for either marijuana
or cocaine on five occasions.  His service was not, and his post-service
efforts are not, sufficiently meritorious to warrant upgrading his
discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__sap___  __eem___  __qas___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  __Susan A. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006874                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071004                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19860414                                |
|DISCHARGE AUTHORITY     |AR 635-200, ch 9                        |
|DISCHARGE REASON        |A69.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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