IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100027411 


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 a fully honorable discharge.

2.  The applicant states his record of service was outstanding and he was discharged without being given a fair chance.  He also states he should not have been discharged and his discharge was unfair.

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 enlisted in the Regular Army on 23 September 1975 and he served as a radio operator until he was honorably released from active duty on 22 September 1978 due to the expiration of his term of service.

3.  On 12 January 1982, he again enlisted in the Regular Army for a period of 3 years and training as a self-propelled field artillery turret mechanic.  He completed training at Fort Sill, Oklahoma, and was transferred to Germany on 16 April 1982.

4.  On 11 July 1983, nonjudicial punishment (NJP) was imposed against him for failing to go to his place of duty and for missing movement.

5.  On 30 August 1983, NJP was imposed against him for failing to go to his place of duty and for being drunk on duty.

6.  On 20 December 1983, NJP was imposed against him for the wrongful use of marijuana.

7.  On 2 February 1984, the applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 9, due to alcohol abuse rehabilitation failure.  He cited as the basis for his recommendation the applicant's disciplinary record and that he had been enrolled in Track II of the Alcohol Drug Abuse Prevention and Control Program (ADAPCP) in January 1983, he had several alcohol and drug-related incidents, and he had been declared a rehabilitation failure of the ADAPCP.

8.  After consulting with counsel the applicant waived all of his rights, to include treatment in a Veterans Administration Medical Center, and he elected not to submit a statement in his own behalf.

9.  The appropriate authority approved the recommendation for discharge and directed that he be furnished a General Discharge Certificate.

10.  Accordingly, he was discharged under honorable conditions on 24 February 1984 under the provisions of Army Regulation 635-200, chapter 9, due to alcohol abuse rehabilitation failure.  He completed 2 years, 1 month, and 13 days of active service during his current enlistment.

11.  There is no evidence in the available records to show he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 
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 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.  Characterization of service will be determined solely by the Soldier's military record that includes the Soldier's behavior and performance during the current enlistment.  An honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty.  A general discharge is a separation from the Army under honorable conditions.  It is issued to Soldiers whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  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 failed to submit evidence that would satisfy this requirement.

2.  The applicant's administrative separation was accomplished in accordance with applicable regulations with no evidence of any violations of the applicant's rights.  Accordingly, he was given the proper narrative reason for his separation and he provided no evidence to justify an upgrade of his discharge.
 
3.  The applicant's contentions have been noted; however, given the circumstances, a discharge was appropriate in his case and his overall record of service does not constitute fully honorable service.

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)                                         AR20100027411



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ABCMR Record of Proceedings (cont)                                         AR20100027411



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