IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100028213 


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 that he has not had a drink in years and he has changed.  He goes on to state that he needs an upgrade of his discharge to receive benefits for a neck and back injury he received on active duty.

3.  The applicant provides no additional documents with 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 with a moral waiver for brandishing a weapon and petty theft in Oakland, California on 3 December 1985, for a period of 3 years, training as an infantryman, and assignment to Europe.

3.  He completed his one-station unit training (OSUT) at Fort Benning, Georgia and was transferred to Germany on 30 March 1986.

4.  On 27 April 1987 nonjudicial punishment was imposed against him for disobeying a lawful order not to consume alcohol during Grafenwoher training.  He was subsequently enrolled in the Alcohol Drug Abuse Prevention and Control Program (ADAPCP) for that incident.

5.  On 11 June 1987 the applicant self-referred himself to the Gelnhausen Community Counseling Center (CCC) for poly-drug abuse.  He stated that he began substance abuse at 12 years of age, that his current intake was 1/5 of liquor and marijuana (THC) daily.  He stated that the previous night he drank liquor, amphetamines (white crosses and black beauties), LSD, and hashish.  He stated that he had not slept for 2 days, that he experienced blackouts, and he vomited blood.  The CCC referred him to the dispensary for detoxification.

6.  The applicant had another alcohol-related incident on 4 July 1987 and reported to work drunk on 5 July 1987.  He was declared a rehabilitative failure on 31 August 1987. 

7.  On 25 September 1987 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, chapter 9, due to alcohol abuse rehabilitation failure.

8.  The applicant waived all of his rights, declined a separation physical, and elected not to submit a statement in his own behalf.

9.  The appropriate authority approved the recommendation for discharge on 7 October 1987 and directed that he be furnished a General Discharge Certificate.

10.  Accordingly, he was discharged under honorable conditions on 19 October 1987 under the provisions of Army Regulation 635-200, chapter 9, for alcohol abuse – rehabilitation failure.  He had served 1 year, 10 months, and 19 days of total active service.

11.  There is no indication in the available records to show that he ever 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 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.  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.  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 has provided no evidence to justify an upgrade of his discharge.
 
2  The applicant’s contentions have been noted; however, his overall record of service does not constitute fully honorable service.  

3.  Additionally, the Board does not upgrade discharges solely for the purpose of qualifying individuals for benefits.

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)                                         AR20100028213





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ABCMR Record of Proceedings (cont)                                         AR20100028213



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