RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070009571 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy 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, in effect, a change of the reason for his discharge from “alcohol rehabilitation failure” to “medical.” 

2.  The applicant states, in effect, that he wants his discharge reason changed to medical so that he can qualify for Department of Veterans Affairs (VA) benefits.  He contends that he has been denied education benefits, government employment opportunities, housing, and VA counseling.  He further states that the only benefit he has received is health care.  He has been requesting the records of alcohol abuse rehabilitation since 1991 and has never received them. 

3.  The applicant provides no additional documentation.

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.  On 7 January 1988, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 77F1O (Petroleum Supply Specialist).  

3.  On 21 November 1988, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for failure to obey a lawful order.  The punishment included reduction to private, pay grade
E-1; forfeiture of $156.00 pay per moth for 1 month; and 14 days extra duty.

4.  On 1 June 1989, the applicant was again advanced to the rank of private, pay grade E-2.



5.  In a 9 April 1990 Memorandum for the applicant's commander, the clinical director stated that the applicant had been enrolled in the Alcohol and Drug Abuse Program since 11 August 1989 as a command referral.  It further indicated that the applicant had been diagnosed with alcohol dependence.  He was disenrolled on 1 November 1989 for lack of motivation to abstain and to change his behavior to maintain sobriety.   

6.   On 17 April 1990, the applicant was notified of the commander's intent to administratively separate him under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.  The applicant stated that he had consulted with counsel and was advised of the basis for the separation action and its effects; the rights available to him; and the effect of any action taken by his waiving his rights.  He did not indicate a desire to submit a statement on his own behalf.  He acknowledged his understanding that he might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions is issued to him.

7.  In an undated document, the appropriate authority approved the recommendation and directed that the applicant be issued an Honorable Discharge Certificate.  Accordingly, he was discharged on 27 April 1990, under the provisions of Army Regulation 635-200, Chapter 9, alcohol rehabilitation failure.  His service was characterized as honorable.  He had completed 2 years, 3 months, and 21 days of creditable active duty.

8.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 of that regulation provides the authority and procedures for discharging Soldiers for alcohol or other drug abuse rehabilitation failure.  The service of Soldiers discharged under this section will be characterized as honorable or under honorable conditions.

9.  Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has an impairment rated at less than 30 percent disabling.  It further provides at section 1201, for the physical disability retirement of a member who has an impairment rated at least 30 percent disabling.

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence showing that the applicant had any disabling medical condition, incurred while entitled to receive basic pay, which was so severe as to render him medically unfit for retention on active duty.   Accordingly, the applicant was separated from active duty for reasons other than physical disability. 

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.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

4.  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 the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ QS_ __  __CLG __  __JRS __  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.




__    Curtis L. Greenway___
          CHAIRPERSON




INDEX

CASE ID
AR20070009571
SUFFIX

RECON
 
DATE BOARDED
20080115 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
108.
2.

3.

4.

5.

6.