IN THE CASE OF:	  

		BOARD DATE:	    2 December 2010

		DOCKET NUMBER:  AR20100014385 


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 an upgrade of her general, under honorable conditions discharge to an honorable discharge.

2.  She states, in effect, she did not know she was a bipolar manic depressive.  She has spent years in therapy and on medication.  In the years following her discharge she continued to abuse alcohol.  She has been clean and sober for years.  She is a productive part of society, a stepmother of two children, and has worked for the past 20 years.  She never intended not to be a great Soldier.  She is glad for the experience and learning opportunities the service afforded her.  Due to recently realizing she might be able to receive some Department of Veterans Affairs (VA) help and knowing she is an honorable person, she would like for this to be reflected in her military service.   

3.  She provides no additional evidence.

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's military records show she enlisted in the Regular Army, in pay grade E-1, on 31 October 1984, for 4 years.  She completed training and was awarded military occupational specialty 72E (Combat Telecommunications Center Operator).  

3.  On 14 March 1985, she was punished under Article 15, Uniform Code of Military Justice (UCMJ), for being drunk and disorderly and being disrespectful in language and deportment towards a non-commissioned officer on 9 March 1985.

4.  She was promoted to pay grade E-2 on 1 August 1985.  

5.  On 30 October 1985, she was punished under Article 15, UCMJ, for being disorderly in conduct on 26 October 1985.  

6.  She was reduced to pay grade E-1 on 11 November 1985.

7.  On 12 November 1985, an Alcohol and Drug Control officer, Fort Lewis Alcohol and Drug Abuse Prevention and Control Program (ADAPCP), provided a Memorandum for Record summarizing the applicant's ADAPCP rehabilitation efforts.  The officer stated the applicant was referred by her commander to the ADAPCP on 13 February 1985 for the abuse of alcohol.  The officer remarked the applicant had failed to comply with treatment plans and goals.  Evidence indicated continued use/abuse of alcohol.  In view of the aforementioned, the applicant's commander had recommended chapter 9 elimination from the service and the ADAPCP staff concurred with the commander to declare the applicant a rehabilitative failure. 

8.  On 15 November 1985, the applicant's company commander advised the applicant that he was initiating her separation pursuant to the provisions of chapter 9, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) for her failing to comply with treatment plans and goals and continued substance abuse resulting in her dismissal from the ADAPCP.

9.  On 15 November 1985, after consulting with counsel, she acknowledged receipt of the proposed action to separate her under the provisions of Army Regulation 635-200, chapter 9, for abuse of alcohol, and its effect.  She waived 
her rights and elected to submit a statement in her own behalf.  She acknowledged that she may be eligible for treatment in a VA Medical Treatment Facility and it was her responsibility to apply for such treatment.

10.  In her statement, she stated she enlisted in the Army to support the rights and freedom of her country.  Two weeks before she went to basic training her father died of cancer.  She really didn't accept the fact that he had died and she drank to forget about or ease the heartache of her father's death.  The alcohol became a substitute for reality.  She received an Article 15 for it.  After the Article 15 she enrolled herself in the ADAPCP.  She continued to drink, but only once in a great while.  When she arrived at Fort Lewis, WA, she no longer attended the drug and alcohol classes because she didn't realize she was still enrolled in the program.  At Fort Lewis she was not afforded the chance to utilize the program that she had taken the initiative to put herself into.  She wanted out of the Army when she wasn't receiving the treatment she felt she needed.  If she was afforded the opportunity for a second chance to prove herself a reliable and dedicated Soldier she would do her best to show her gratitude to the Armed Forces.  

11.  On 26 November 1985, the applicant's company commander recommended the applicant be separated under the provisions of Army Regulation 635-200, chapter 9.  The company commander stated the applicant was initially referred to ADAPCP because of alcohol abuse on 9 March 1985 at Fort Gordon, GA.  She PCS'd (permanent change of station) to Ft. Lewis and was reenrolled in the program on 21 June 1985 for taking an overdose of pills.  The recommendation from ADAPCP was for return to duty.  The applicant was again involved in an alcohol-related incident on 2 October 1985 and enrolled in the program once again.  She once again was involved in an alcohol-related incident on 28 October 1985.  She met the criteria of a rehabilitative failure because of recalcitrance to sincere rehabilitative efforts, making further rehabilitative efforts impractical.

12.  On 27 November 1985, the appropriate separation authority approved her discharge and directed the issuance of a General Discharge Certificate.  

13.  She was discharged in pay grade E-1 on 5 December 1985, under the provisions of Army Regulation 635-200, chapter 9, by reason of alcohol abuse - rehabilitation failure, with a general, under honorable conditions discharge.  She was credited with 1 year, 1 month, and 5 days of net active service.

14.  There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of her discharge within its 15-year statute of limitations.

15.  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 the Army's 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.  The individual may be issued an honorable or general, under honorable conditions discharge.

16.  Army Regulation 635-200, paragraph 3-7a, specifies 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 will be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows she was punished under Article 15 in March 1985 for being drunk on duty and enrolled in the ADAPCP.  She was reassigned to Fort Lewis and reenrolled in the program in June 1985 after taking an overdose of pills.  In October 1985, she was again involved in an alcohol-related incident and once again enrolled in the program.  Again, she was involved in an alcohol-related incident on 28 October 1985.  In November 1985, her company commander and the ADAPCP staff declared her a rehabilitation failure and her company commander recommended her elimination from the Army.  

2.  She was discharged accordingly on 5 December 1985 under the provisions of Army Regulation 635-200, chapter 9, as an alcohol rehabilitation failure.  Her contentions are acknowledged; however, she was properly separated for rehabilitation failure and she has submitted neither probative evidence nor a convincing argument in support of her request.  Her misconduct diminished the quality of her service below that meriting a fully honorable discharge.

3.  Without evidence to the contrary, it appears her administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.

4.  In view of the circumstances in this case, she is not entitled to an upgrade of her general discharge.  Therefore, there is no basis for granting her request.


 
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)                                         AR20100014385





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ABCMR Record of Proceedings (cont)                                         AR20100014385



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