IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110012023 


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 after serving a brief period of time he was discharged for alcohol abuse and since his discharge he has gone through treatment programs which he continues to this date.  He continues by stating he desires to have his discharge upgraded so he can take advantage of Department of Veteran Affairs programs.

3.  The applicant provides a copy of his DD Form 214.

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 7 January 1985 with a moral waiver for civil offenses which included driving under the influence.  He enlisted for a period of 3 years and training as a motor transport operator.  He completed basic training at Fort Jackson, South Carolina, and advanced individual training at Fort Dix, New Jersey.  On 6 May 1985, he was transferred to Fort Bliss, Texas for his first duty assignment.   

3.  On 15 November 1985, nonjudicial punishment (NJP) was imposed against him for drunk driving.

4.  On 18 November 1985, the applicant was referred for treatment in the local Alcohol and Drug Abuse Prevention and Control Program (ADAPCP).  As such, he was informed that he must abstain from use of illegal drugs, that he must not abuse alcohol, and that he must cooperate in counseling and education programs. 

5.  Upon completion of a 4-day evaluation and education program, it was determined that the applicant was alcohol dependent and enrollment in a residential treatment program was necessary.  The applicant refused to participate in such a program and expressed his desire to be discharged from the Army.  As a result, he was declared a rehabilitation failure.  Thereafter, he was recommended for discharge under the provisions of Army Regulation 635-200, chapter 9, as an alcohol rehabilitation failure. 

6.  On 23 January 1986, a bar to reenlistment was imposed against the applicant based on his record of NJP and his unwillingness to participate in the ADAPCP.

7.  The appropriate authority approved the recommendation for discharge on 4 March 1986 and directed that he be furnished a General Discharge Certificate.

8.  Accordingly, 21 March 1986, he was discharged under the provisions of Army Regulation 635-200, chapter 9, due to alcohol abuse rehabilitation failure, with a general discharge.  He had served 1 year, 2 months, and 15 days of active service.

9.  There is no evidence in the available records to show that he applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

10.  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.  

11.  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 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 and found to lack merit.  He was afforded treatment for his problem at the time and chose not to accept it.  Accordingly, his overall undistinguished record of service does not constitute fully honorable service.  

3.  Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant his 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)                                         AR20110012023



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ABCMR Record of Proceedings (cont)                                         AR20110012023



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