IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110004002 


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 his general under honorable conditions discharge to an honorable discharge.

2.  The applicant states he knows what he did back then was wrong; however, he would like a second look. 

3.  The applicant provides 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 29 July 1980.  He completed basic combat and advanced individual training and was awarded military occupational specialty 36C (Wire System Installer/Operator).  The highest rank/grade he attained during his military service was private first class/E-3.

3.  His records show he served in Korea from December 1980 to December 1981.  He was awarded the Army Service Ribbon, Overseas Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar.

4.  He accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice as follows:

* On 20 June 1981, for being in a public area after curfew and without an appropriate pass
* On 14 August 1981, for purchasing coffee and liquor in excess of his allotted limit
* On 10 September 1981, for being drunk while on duty
* On 17 May 1982, for being drunk on duty
* On 10 August 1982, for sleeping on his post and being found drunk while on duty

5.  On 27 January 1982, the applicant's immediate commander initiated a Bar to Reenlistment Certificate against the applicant citing his continued misconduct.  He was provided with a copy of this bar but elected not to submit a statement on his own behalf.  The bar was ultimately approved by the appropriate authority.

6.  His records contain multiple counseling statements by members of his chain of command for various instances of being drunk on duty, disorderly conduct, and sleeping on guard duty.

7.  On 24 September 1982, after failing to make progress in the Army Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) the commander and Alcohol/Drug Control Officer, Fort Bragg Community Counseling Center declared the applicant a rehabilitation failure. 

8.  On 5 October 1982, his immediate commander notified the applicant of his intent to initiate separation action against him in accordance with chapter 9 of Army Regulation 635-200 for ADAPCP failure.  The immediate commander cited the specific reasons for this action as the applicant's repeated alcohol abuse and failure to demonstrate rehabilitation potential.  

9.  On 19 October 1982, the applicant acknowledged receipt of the commander's intent to separate him and he was advised of the basis for the contemplated separation action, the type of discharge he could receive, the effect on further enlistment or reenlistment, and of the procedures/rights that were available to him.  He acknowledged that he understood he may encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him and he elected not to submit a statement on his own behalf.

10.  On 20 October 1982, his immediate commander initiated separation action against him in accordance with Army Regulation 635-200 by reason of alcohol abuse –rehabilitation failure and recommended the issuance of a General Discharge Certificate.

11.  On 4 November 1982, consistent with the chain of command's recommendations and a review for legal sufficiency, the separation authority approved the applicant's discharge action under the provisions of chapter 9, Army Regulation 635-200, due to alcohol abuse –rehabilitation failure, and directed the issuance of a General Discharge Certificate.  

12.  The applicant was accordingly discharged on 10 November 1982.  The DD Form 214 he was issued confirms he completed a total of 2 years,
3 months, and 12 days of creditable military service.

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

14.  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 Soldiers 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.  Initiation of separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation failures.  The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions unless the Soldier is in an entry-level status and an uncharacterized description of service is required.

15.  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 evidence of record shows the applicant suffered from an alcohol and/or drug abuse problems.  Subsequent to multiple alcohol-related incidents, he was provided the opportunity to overcome his problems through counseling and enrollment in the ADAPCP; however, he showed poor rehabilitation potential and failed to make any progress.  He was therefore declared an ADAPCP rehabilitation failure and accordingly his immediate commander initiated separation action against him.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.

2.  Based on his record of ADAPCP failure, multiple negative counselings, a bar to reenlistment, and multiple Article 15s, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, his service does not warrant an honorable discharge.

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)                                         AR20110004002



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ABCMR Record of Proceedings (cont)                                         AR20110004002



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