IN THE CASE OF:	  

		BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120019172 


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 discharge to honorable and removal of a bar to reenlistment from his military records.

2.  The applicant states:

	a.  He was trying to care for his alcoholic mother at the time of his discharge and he was struggling with his own untreated alcoholism.  He has been sober for 4 years and he is an active member of the recovery community.

	b.  He is a full-time student with a 4.0 grade-point average and he wants to go to physical therapy school.  His desire is to attend the U.S. Army-Baylor University medical program.  This will allow him to serve his country with honor and make right his previous wrongs.  He hopes to give back to the military community which he has previously failed.

	c.  He has made many mistakes in his life.  As a recovering alcoholic, he speaks about his experience and helps others who are struggling to find hope.  He has shared publicly at meetings, church, chapel, and in classrooms.  He continues to serve as an example to others through his service to his community.

3.  The applicant provides:

* three character reference letters
* 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 3 June 1992 for a period of 4 years.  He completed his training and was awarded military occupational specialty 11B (infantryman).

3.  He was counseled for:

* lack of motivation
* failure to complete the company run
* integrity violation
* failure to meet the standards for company physical training run and failed the diagnostic physical fitness test
* failure to follow instructions

4.  On 25 January 1994, he was notified of his pending separation for misconduct (patterns of misconduct) under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b.  The unit commander cited his pending Article 15 for failure to repair and counseling statements.

5.  On 25 January 1994, he consulted with counsel, acknowledged that he might encounter substantial prejudice in civilian life if a general discharge were issued, and elected not to submit a statement in his own behalf.

6.  On 28 January 1994, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge.

7.  On 7 February 1994, he was discharged under honorable conditions (general) under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct (patterns of misconduct).  He completed a total of 1 year, 8 months, and 5 days of creditable active service.

8.  The applicant's available records do not contain a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice) or DA Form 4126-R (Bar to Reenlistment Certificate).

9.  There is no evidence which shows he was diagnosed with alcohol abuse or dependency prior to his discharge.

10.  He provides three character reference letters from a professor and two friends who attest:

* he is punctual to class, he participates in class, and his work (both written and examination) is exemplary
* he has good moral character
* he operates with integrity
* he is hard working and dedicated
* he consistently displays energy, enthusiasm, integrity, reliability, accountability, humility, and compassion

11.  There is no evidence the applicant 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.

	a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense (military or civilian offense), and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.

	b.  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 requests removal of a bar to reenlistment from his military records.  However, his available records do not contain a bar to reenlistment.  Therefore, there is no basis for granting this portion of his request.

2.  He contends he was struggling with his own untreated alcoholism at the time of his discharge.  However, there is no evidence of record and he provided no evidence which shows he was diagnosed with alcohol abuse or dependency prior to his discharge.

3.  His sobriety and post-service accomplishments are commendable.  However, good post-service conduct alone is normally not a basis for upgrading a discharge.

4.  The character reference letters submitted on behalf of the applicant failed to show his discharge was unjust and should be upgraded.

5.  His record of service included numerous adverse counseling statements.  As a result, his record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge.

6.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  He had an opportunity to submit a statement in which he could have voiced his concerns; however, he failed to do so.

7.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

8.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x____  DENY APPLICATION
DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined 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)                                         AR20120019172



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ABCMR Record of Proceedings (cont)                                         AR20120019172



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