IN THE CASE OF:	  

		BOARD DATE:	       13 August 2008

		DOCKET NUMBER:  AR20080007536 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his discharge be upgraded from general under honorable conditions to an honorable discharge.

2.  The applicant states, in effect, that he has been clean from the use of mind and mood altering substances for the past 6 years.  He has been continuing to better himself and learn more about the disease of addiction and is working in the field of addiction studies as a counselor.  The applicant states he has been able to get his life back on track again.  He has completed his associate degree and is now currently attending college seeking his bachelor’s degree.  He plans to continue his education with a master’s degree and possibly a license.  The applicant continues that he received a Florida Certificate as a Chemical Behavioral Health Technician.  In the last 6 years, he has worked for the Florida Memorial University for 4 years and presently for Better Way of Miami, Inc. for the past 2 years, the same treatment center that saved his life, as the resident manager coordinator.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 24 April 1992; three Certificates of Completion from the Better Way of Miami, Inc.; a Miami Dade College Associate of Arts Degree diploma, dated July 2007; a Florida Certificate Board Certified Behavioral Health Technician certificate, dated 4 January 2008; and two American Red Cross training completion cards. 



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 23 January 1981.  He successfully completed basic combat training, advanced individual training, and was awarded military occupational specialty 19D (Cavalry Scout). 

3.  The applicant was honorably discharged on 24 October 1984 and immediately reenlisted on 25 October 1984.  He was honorably discharged on 24 July 
1985 and immediately reenlisted on 25 July 1985.  He was honorably discharged on 6 June 1991 and immediately reenlisted on 7 June 1991.  

4.  On 9 December 1991, the applicant received a Letter of Reprimand from his commanding officer for being incapacitated with alcohol and not reporting to his appointed place of duty.

5.  On 9 December 1991, the applicant self-referred himself into the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) at Fort Knox, Kentucky, requesting immediate treatment for alcohol.  He was enrolled in the Track II Program for rehabilitation purposes and agreed to a treatment plan that was developed which committed him to the following: 1) total abstinence from all mind/mood altering substances; 2) attendance of and participation in weekly group therapy sessions; 3) attendance of a minimum of 2 Alcoholic Anonymous support group meetings per week; 4) Antabuse therapy; and 5) urine drug screening performed by the unit once a month.

6.  On 11 February 1992, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for not being at his appointed place of duty.



7.  By memorandum dated 1 April 1992, the applicant's ADAPCP Clinical Director advised the applicant's company commander that since the applicant's enrollment he attended his group sessions, but had not utilized the group experience to establish a personal recovery program.  The Clinical Director further stated that Group participation had been minimal.  The applicant had admitted to a relapse which resulted in UCMJ action.  The Clinical Director continued that the applicant continued to make high risk drinking choices resulting in significant occupational problems for him.  Command chose not to support inpatient treatment at that time.

8.  On 2 April 1992, the applicant accepted NJP under Article 15 UCMJ for disobeying a lawful order, two specifications of not being at his appointed place of duty, and absenting himself from his unit on 30 March 1992.

9.  On 7 April 1992, the applicant was notified by his company commander that he was being processed for separation under the provisions of chapter 9 of Army Regulation 635-200 for Alcohol or Other Drug Abuse-Rehabilitation Failure. 

10.  The applicant was further advised that he was being recommended for a general under honorable conditions discharge with the reason for discharge as alcohol abuse rehabilitation failure.  He was also advised that this action was suspended for 7 days to give the applicant the opportunity to exercise the following rights:  

      a.  "Request appointment of military counsel;
	
      b.  submit a statement on his behalf; or

		c.  waive the foregoing rights in writing or by declining to reply within 7 days."

11.  On 7 April 1992, the applicant acknowledged that he was advised of the basis for his separation under the provisions of Army Regulation 635-200.  The applicant indicated that he was counseled by appropriate counsel and that he did not wish to have his case heard by an administrative separation board.  The applicant also indicated that he did not provide statements on his own behalf.

12.  On 24 April 1992, the applicant was discharged under the provisions of 
chapter 9 of Army Regulation 635-200, for Alcohol Abuse-Rehabilitation Failure.  The applicant was issued a General Under Honorable Conditions Discharge Certificate.  Records show that the applicant had completed a total of 11 years, 
3 months, and 2 days of creditable active service at the time of his separation with no lost time.
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.  At the time of the applicant’s separation, an honorable or general discharge was authorized.  

14.  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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.  

15.  Chapter 5 of Army Regulation 600-85 (Alcohol and Drug Abuse Prevention and Control Program), in pertinent part, states that Soldiers who are rehabilitation failures will be processed for administrative separation when the unit commander, in consultation with the ADAPCP staff, determines that further rehabilitation efforts are not practical and that rehabilitation is a failure.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's post service achievements and conduct are noteworthy.  However, good post service conduct alone is not a basis for upgrading a discharge and, upon review, the good post service conduct is not sufficient to mitigate his indiscipline in the Regular Army.

2.  Evidence shows that the applicant was properly and equitably discharged in accordance with the regulations in effect at the time. 

3.  In the absence of evidence to the contrary, it is determined that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.

4.  A review of the applicant's record of service shows that he received a general under honorable conditions discharge for alcohol abuse rehabilitation failure.  He had numerous other incidents of alcohol-related misconduct.  Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, he is not entitled to an honorable discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  ___xx___  ___xx___  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.




      _______ xxxx_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080007536





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ABCMR Record of Proceedings (cont)                                         AR20080007536



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