IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100007470 


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 general discharge be upgraded to honorable.

2.  The applicant states he developed a drinking problem while on active duty and he did not realize his drinking problem was the cause of his behavior problems.  He was diagnosed as an alcoholic in 1972 and is now a recovering alcoholic.

3.  The applicant provides no supporting 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.  The applicant was inducted into the Army of the United States on 29 June 1960 and on 8 September 1960 he was discharged for immediate reenlistment. On 9 September 1960, he enlisted in the Regular Army (RA).  He completed the training requirements and he was awarded military occupational specialty 723.10 (Tractor Trailer Operator).  He served until he was honorably discharged for reenlistment on 4 June 1965.  He reenlisted in the RA 5 June 1965.

3.  During his fourth enlistment the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, as follows:

	a.  on 30 August 1965, for being absent without leave (AWOL) 3 days;

	b.  on 11 February 1966, for being absent from his unit, for failure to go to appointed place of duty, and breaking restriction;

	c.  on 4 April 1966, for being AWOL 3 days; and

	d.  on 12 July 1966, for being absent from his unit.

4.  On 25 April 1966, a special court-martial found the applicant guilty of being AWOL 2 days and being disrespectful in language towards a noncommissioned officer.

5.  On 27 July 1966, a special court-martial found the applicant guilty of being AWOL 4 days and knowingly using a false military pass.  The sentence included confinement for 6 months of which he served 161 days.

6.  In November 1966, the applicant's commander initiated separation proceedings against him under the provisions of Army Regulation 635-212 for unfitness.

7.  During the separation process statements were obtained from members of the applicant's chain of command.  The statements were consistently negative.  They described him as being habitually late for work, more interested in getting passes to be with the "girls" and drink, manifested by a total lack of responsibility towards his personal, financial, and military responsibilities, and having complete disregard for authority.

8.  On 2 December 1966, the applicant acknowledged the proposed separation action and requested a personal appearance with military counsel before a board of officers.

9.  On 18 January 1967, the applicant was afforded a psychiatric evaluation.  During the evaluation, the applicant admitted to excessive drinking and contended that he committed all of his offenses while drunk.  He did not believe that he was addicted to alcohol.  The attending psychiatrist diagnosed him as suffering from a passive-aggressive personality disorder and he did not find that the applicant was addicted to alcohol but that his excessive drinking was a rationalization for his misbehavior not a contributing factor.  The applicant was found to be able to distinguish right from wrong and adhere to the right.

10.  On 7 February 1967, the applicant waived his right to a board of officers and his counsel requested that he be considered for separation for unsuitability as opposed to unfitness due to prior good service, physical medical conditions, and his alcohol problems.

11.  The discharge authority approved the separation and directed the applicant be discharged under Army Regulation 635-212 for unsuitability and issued a general discharge certificate. 

12.  On 24 February 1967, the applicant was discharged under honorable conditions.  He had completed 5 years, 11 months, and 10 days of creditable service with 256 days of lost time and 30 days of excess leave.

13.  Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel for unfitness and unsuitability.  Paragraph 6b provided that an individual was subject to separation for unsuitability when one or more of the following conditions existed:  (1) inaptitude; (2) character and behavior disorders; (3) apathy (lack of appropriate interest, defective attitudes, and inability to expend effort constructively); (4) alcoholism; (5) enuresis; and (6) homosexuality.  When separation for unsuitability was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record.

14.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  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.



15.  The Manual for Courts-Martial, as then in effect, and the edition currently effective, both state that voluntary intoxication not amounting to legal insanity, whether caused by alcohol or drugs, is not an excuse for an offense committed while in that condition

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he developed a drinking problem while on active duty and he did not realize his problems with his behavior were related to his drinking. He was diagnosed as an alcoholic in 1972 and is now a recovering alcoholic.

2.  At the time of the applicant's discharge alcohol was considered to be an aggravating factor not the primary reason for his misconduct. 

3.  In the absence of evidence that the applicant was so impaired by mental, emotional, psychological or psychiatric problems that he could not tell right from wrong and adhere to the right the contention of diminished capacity due to alcoholism does not demonstrate an error or an injustice in the discharge process.

4.  The applicant's discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of his discharge is commensurate with his overall record of his last period of service.  The applicant has failed to establish a basis for upgrading his discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  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.



      _______ _   _X______   ___
               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)                                         AR20100007470



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)