IN THE CASE OF:	  

		BOARD DATE:	    31 August 2010

		DOCKET NUMBER:  AR20100009695 


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 he be granted 2 months of additional active duty service.

2.  The applicant states that he needs an additional 2 months of active duty service in order to qualify for Department of Veterans Affairs (VA) benefits.  He goes on to state that he contributed $1,200.00 to the G.I. Bill and he had 31 days of leave time.  He also states that he did 16 years of incarceration soon after his discharge and is now in a transitional program in Denver and the assistance of VA programs will help him get a new start. 

3.  The applicant provides a copy of 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 was born on 11 March 1965 and enlisted in the Regular Army on 30 October 1990 for a period of 4 years, training as a light wheel vehicle mechanic, and airborne training.  He was married with three dependents.

3.  He completed his basic and advanced individual training at Fort Dix, New Jersey and his parachute training at Fort Benning, Georgia before being transferred to Hawaii on 24 May 1991 for assignment to an air defense artillery battery.  He applied for command sponsorship and on-post housing on 23 October 1991 and it was approved on 29 October 1991.

4.  On 25 February 1992, as a result of an alcohol-related spouse abuse incident, the applicant was enrolled in the Alcohol Drug Abuse Prevention and Control Program (ADAPCP), Track II.

5.  On 2 May 1992, he was apprehended for driving while under the influence (DWI) of alcohol with a suspended license on Schofield Barracks with a breathalyzer result of .153%, which exceeded the minimum of .10%.

6.  On 7 May 1992, the applicant was deemed a rehabilitation failure by the Chief, ADAPCP.

7.  On 12 May 1992, the applicant received a written reprimand from the Division Artillery commander regarding his DWI.

8.  On 4 June 1992, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, chapter 9, for his alcohol abuse rehabilitation failure.

9.  After consulting with counsel, the applicant elected to submit a statement in his own behalf whereas he requested that he be allowed to remain in the Army and to prove that he was worthy of being a Soldier.  He also agreed to enroll in Track III of the ADAPCP in order to prove to those appointed over him that he deserved another chance.

10.  The appropriate authority approved the recommendation for discharge on 17 June 1992 and directed that he be furnished an Honorable Discharge Certificate.

11.  Accordingly, he was honorably discharged on 2 July 1992 under the provisions of Army Regulation 635-200, chapter 9, due to alcohol abuse rehabilitation failure.  He had served 1 year, 8 months, and 3 days of total active service and was paid for 31 days of accrued leave.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 of that regulation contains the authority and outlines the procedures for discharging individuals because of alcohol and/or drug abuse.  A member may be separated because of inability or refusal to participate in, or successfully complete a rehabilitation program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in accordance with applicable regulations with no evidence of any violations of the applicant’s rights.    

2.  Accordingly, he was properly discharged and was properly credited with the amount of time he actually served on active duty.

3.  The applicant’s contention that he should be granted an additional 2 months of service so as to qualify for VA benefits has been noted and found to lack merit.  Granting additional service for the purpose of obtaining benefits has never been a sufficient basis to award credit for service that has not been actually performed.

4.  The applicant was afforded the opportunity to rehabilitate himself and even at the age of 27, he apparently did not take the opportunity seriously.  Accordingly, the chain of command had no choice but to initiate separation proceedings.

5.  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 this requirement.

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)                                         AR20100009695





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ABCMR Record of Proceedings (cont)                                         AR20100009695



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