IN THE CASE OF:	  

		BOARD DATE:	    28 February 2012

		DOCKET NUMBER:  AR20110014132 


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 under honorable conditions discharge be upgraded to an honorable discharge.

2.  The applicant states his discharge was based on one isolated incident in 
13 years of service with no other adverse reaction.  He was suffering from alcoholism secondary to post-traumatic stress disorder (PTSD).  He is now 
100 percent disabled by the Department of Veterans Affairs (VA).

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.  He was appointed a warrant officer one (WO1) on 7 October 1977 in the U.S. Army Reserve (USAR).  He was promoted to CW2 in the Army of the United States on 7 October 1979 and appointed a CW2 in the Regular Army on 3 May 1981.  He served in military occupational specialty 951A (Criminal Investigator).  He had 7 years, 9 months, and 8 days of previous active service in an enlisted status.

3.  On 3 April 1981, he received a letter of reprimand from his commander (a colonel) in Germany.  He was reprimanded based on an incident on 2 October 1980 wherein, after consuming more alcohol than he could handle, pointed his loaded assigned weapon at a sergeant outside a public bar in Butzbach, Germany.  The same evening he solicited Soldiers to purchase hashish from him.  They were not targets of any sort of drug operation and gave him no cause to believe they might become so.  

4.  On 28 July 1983, he enrolled as a self referral in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP).  

	a.  He attended all appointments punctually and displayed a positive attitude with no other known incidents or apprehensions since his enrollment.

	b.  He made significant progress and his commitment for remaining free from problems associated with alcohol was excellent.

	c.  In the opinion of ADAPCP, he did not constitute a security risk for the United States, or its interests providing he continued his commitment to abstinence.

5.  On 23 August 1983, he tendered his unqualified resignation from the Army under the provisions of chapter 3 of Army Regulation 635-120 (Officer Resignations and Discharges).

	a.  He understood that his resignation, if accepted, would be under honorable conditions and he would be furnished an Honorable or General Discharge Certificate as determined by Headquarters, Department of the Army.

	b.  He indicated he did desire an appointment in the USAR.

6.  On 23 August 1983, his commander recommended approval.  

	a.  The commander stated the applicant's performance from October 1980 to the present had been marred by repeated acts of serious misconduct.  

	b.  On 16 July 1983, he again demonstrated his inability to behave in an acceptable manner.  After spending several hours drinking with his two subordinates he required a female private first class (PFC) to drive him to her off-post residence.  He was accused of inappropriate behavior and touching her in an inappropriate manner.

	c.  During the period 15 - 24 July 1983, he repeatedly referred to a specialist four (SP4) using a racial slur.  His conduct once again clearly demonstrated his chronic poor judgment and unsuitability for the military.

	d.  He recommended the applicant be issued a General Discharge Certificate and his request for an appointment in the USAR be disapproved.  Maltreatment of subordinates by an officer is indicative of a serious character flaw.  To allow him an appointment in the USAR would be to unnecessarily jeopardize the safety and justifiable expectations of competent leadership of the Soldiers in the USAR.

7.  On 30 August 1983, he received a letter of reprimand from his commander (a colonel) at Fort Gordon, GA.  He was reprimanded for his misconduct during the period 16 - 24 July 1983.

	a.  During the early morning hours of 16 July 1983 while serving as the Chief, Fort Gordon Drug Suppression Team, he willfully engaged in excessive drinking with two subordinate members of his team, a female PFC and a SP4.  Using his position of authority, he forced the female PFC to allow him to remain in and sleep in her quarters.  He attempted to coerce the PFC into letting him sleep with her.  She rejected his advances and after he inappropriately touched her she was forced to leave her quarters.

	b.  He referred to a SP4 using a racial slur.  These remarks were not only made to and in the presence of the SP4, but in the presence of other Soldiers and civilians from the local community.  These remarks were not made in an isolated incident, they occurred repeatedly and in a variety of contexts.

	c.  His actions exhibit a total absence of moral character and common decency.  He violated the most basic principle of leadership and was, therefore, unfit for any leadership position.  The conduct which he exhibited will not be tolerated in this command.

	d.  While his difficulty in limiting his consumption of alcohol may provide a partial explanation for some of his conduct, it is by no means a satisfactory or compelling defense.   For him to imply his behavior is the Army's fault for not referring him earlier to professional medical assistance is an attempt by him to ignore his own deficiencies.  It signals his own unwillingness to accept personal responsibility for his actions.  Such an attitude is incompatible with continued military service.

	e.  He recommended the Commander, U.S. Army Criminal Investigation Command (CID) direct the filing of this letter of reprimand in the performance portion of the applicant's official military personnel file (OMPF) and CID Accreditation File.

8.  The applicant submitted a rebuttal to the letter of reprimand.

	a.  He denied trying to sleep with the PFC and any inappropriate behavior while at her quarters.  He stated she was not forced to leave her quarters, but went jogging after inviting him to join her (jogging).

	b.  He had corrected the PFC on the performance of her duties on two occasions prior to the events of 15-16 July 1983.  He believed that those incidents resulted in her greatly exaggerating the events of 15-16 July 1983.

	c.  He regrets the times he used the racial slur and informed the SP4 he never meant anything personal when he used the term.  On almost all of the times he used this term he was intoxicated.

	d.  All of the alleged instances of his misconduct result from his alcoholism.  When he was assigned in Germany his drinking reached a level of affecting his work.  He was never referred to any alcohol abuse program while he was assigned in Germany.  Only since the current problems developed did he realize the extent of his drinking problems.  He has referred himself to the ADAPCP at Fort Gordon and now realizes he suffers from the disease of alcoholism.

9.  His intermediate commanders recommended his request for unqualified resignation be approved and that he not be awarded an appointment in the USAR.

10.  On 15 October 1983, the U.S. Army Military Personnel Center approved his request for unqualified resignation and directed the issuance of a General Discharge Certificate.

11.  On 27 October 1983, he was discharged by reason of his unqualified resignation.  He competed 6 years and 21 days of active service during the period under review that was characterized as under honorable conditions.

12.  On 29 November 1983, the Commander, CID (a brigadier general) forwarded the letter of reprimand and the applicant's response to the U.S. Army Military Personnel Center for inclusion in the applicant's OMPF.

13.  Army Regulation 635-120 (Officer Resignations and Discharges), in effect at the time, stated any Regular Army officer or USAR officer who had completed their 6-year military service obligation could submit a request for unqualified resignation, provided all service remaining requirements had been met.  An unqualified resignation accepted in Headquarters, Department of the Army was under honorable conditions.  The officer was issued an Honorable Discharge Certificate or a General Discharge Certificate based on their military record during the period of service from which being separated.

14.  Army Regulation 635-100 (Personnel Separations - Officer Personnel), in effect at the time, stated a warrant officer would normally be furnished an honorable discharge certificate unless circumstances involving misconduct are present or as directed by the Headquarters, Department of the Army.

DISCUSSION AND CONCLUSIONS:

1.  He submitted his unqualified resignation of his own volition.  The characterization of his service was directed by Headquarters, Department of the Army.

2.  He had at least three incidents of misconduct -- 2 October 1980, 16 July 1983, and 15 - 24 July 1983.  His commander's recommendation for approval of his unqualified resignation stated the applicant's service since October 1980 had been marred by repeated acts of serious misconduct.

3.  In the letter of reprimand from his commander, the commander stated his actions exhibited a total absence of moral character and common decency.  He had violated the most basic principle of leadership and was unfit for any leadership position.  

4.  He contended he was suffering from alcoholism secondary to PTSD.  However, there is no evidence he was diagnosed with PTSD or any other mental condition during his period of service.

5.  In view of the above, there is an insufficient basis to upgrade his discharge to 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)                                         AR20110014132





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ABCMR Record of Proceedings (cont)                                         AR20110014132



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