IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025509 


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 his general discharge be upgraded to an honorable discharge.

2.  The applicant states his discharge should be upgraded because he was young and because he has not had a drink in over 18 years.  He is a recovering alcoholic who has been sober since his release of 18 years.  At that time his marriage was in turmoil and he was young.  He states he has changed, he sees that he was wrong, and he would like to return to active duty.

3.  The applicant provides no additional evidence in support of his application.

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 13 June 1989 for a period of 4 years.  He successfully completed basic training and advanced individual training in military occupational specialty 31M (multi-channel communications operator).

3.  On 28 June 1990, the applicant was command-referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) as a result of a drunk and disorderly charge.

4.  On 13 July 1990, the applicant received a memorandum of reprimand for misconduct (being intoxicated and out of control) on 26 June 1990.

5.  The applicant was enrolled in ADAPCP on 3 August 1990.

6.  On 6 November 1990, the applicant was declared a rehabilitation failure based on noncompliance with the abstinence policy.

7.  On 27 December 1990, the applicant was notified of his pending separation under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 9, for alcohol rehabilitation failure.  The unit commander cited that the applicant had been declared a rehabilitation failure by ADAPCP personnel for not complying with their abstinence policy.  He recommended the applicant receive a general discharge.

8.  On 28 December 1990, the applicant consulted with counsel, acknowledged that he might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued, and elected not to submit a statement on his own behalf.

9.  On 7 January 1991, the separation authority approved the recommendation for discharge and directed that the applicant be furnished a general discharge.

10.  Accordingly, the applicant was separated with a general discharge on 16 January 1991 under the provisions of Army Regulation 635-200, chapter 9, for alcohol abuse rehabilitation failure.  He completed 1 year, 7 months, and 4 days of creditable active service.

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

12.  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.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  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.  He had an opportunity to submit a statement in which he could have voiced his concerns and he failed to do so.

2.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.

3.  It appears to have been the unit commander's and the separation authority's judgment that the applicant did not meet the criteria for an honorable discharge.  This Board is reluctant to substitute its judgment for that of the commander.  Therefore, there is insufficient evidence on which to base an honorable discharge in this case.

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 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)                                         AR20100025509



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ABCMR Record of Proceedings (cont)                                         AR20100025509



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