IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110015820
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 (GD) be upgraded to an honorable discharge (HD).
2. The applicant states he learned his lesson and doesn't drink any more. He hasn't had a drink since 1990.
3. The applicant provides no supporting documentation.
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 applicants 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 applicants 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 14 September 1982. Upon completion of training he was assigned to duty in Korea.
3. On 2 April 1983, the applicant was apprehended on a charge of public intoxication.
4. On 6 April 1983, he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice for public intoxication and disrespect toward a noncommissioned officer.
5. On 8 April 1983, the applicant as referred to the Army Drug and Alcohol Prevention and Control Program (ADAPCP) for alcohol abuse.
6. On 31 August 1983, he was released from the ADAPCP as a rehabilitation failure. The rehabilitation failure statement states the applicant had been scheduled for 20 appointments of which he only attended 5 and was apprehended on two occasions for alcohol-related incidents while enrolled in the program.
7. On 1 September 1983, the applicant's command commenced separation proceedings under Army Regulation 635-200, chapter 9 for alcohol rehabilitation failure. His unit commander recommended he be separated with a GD.
8. After consulting with counsel the applicant acknowledged the separation recommendation and waived his right to submit a statement on his own behalf.
9. The applicant received NJP on 15 September 1983 for being drunk and disorderly and violation of a general regulation.
10. The discharge authority approved the discharge and directed the applicant be separated with a GD.
11. The applicant was discharged on 7 September 1983 with a GD. He had 11 months and 24 days of creditable service and there is no indication that he was considered for or awarded any personal decorations or awards.
12. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) 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 the 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 entry-level status and an uncharacterized description of service is required.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he learned his lesson and doesn't drink any more. He hasn't had a drink since 1990.
2. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
3. While it is encouraging that the applicant has been able to maintain his sobriety, this fact unsupported statement is insufficient in and of itself to mitigate the offences he committed while on active duty and warrant an upgrade of his characterization of 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 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) AR20110015820
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ABCMR Record of Proceedings (cont) AR20110015820
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