IN THE CASE OF:	  

		BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20120020613 


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, in effect, an upgrade of his under honorable conditions (general) discharge.

2.  The applicant states that alcoholism was the reason for his discharge.

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period 27 October 1950 through 18 October 1952
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 21 November 1952 through 10 November 1958
* DD Form 214 for the period 10 February 1960 through 29 September 1961

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's military record shows he had two separate periods of honorable active duty service from 27 October 1950 through 18 October 1952 and from 21 November 1952 through 10 November 1958.

3.  He again enlisted in the Regular Army on 10 February 1960, and the highest rank/grade he held during this period was specialist four (SP4/E-4).

4.  His record shows he accepted nonjudicial punishment (NJP) on 30 June 1961 for being absent without leave (AWOL) from 19 June 1961 to 22 June 1961.

5.  On 13 September 1961, the applicant's commander recommended that he be discharged from military service under the provisions of Army Regulation 635-208 (Personnel Separations-Discharge-Undesirable Habits and Traits of Character), citing the applicant's prior misconduct to include his AWOL offense, apprehension for public drunkenness on two occasions, and his confinement by civil authorities.  The commander further noted that the applicant's misconduct had only occurred over the last 6 months, and that he had served honorably during the prior 76 months.  Based on his many good years of service as well as the fact that his efficiency ratings had always been excellent or outstanding, his commander recommended the applicant receive a general discharge.

6.  On the same day, the applicant acknowledged he had been offered the opportunity to consult with counsel but he chose not to do so.  He waived his right to a board of officers, and to appear before a board of officers, and declined to submit a statement on his own behalf.

7.  On 14 September 1961, the applicant's commander initiated separation action against him under the provisions of Army Regulation 635-208.

8.  His discharge packet contains a Mental Hygiene consultation, dated 
22 September 1961.  The psychiatrist stated that the applicant had served on active duty for approximately 7 years and he had been a chronic alcoholic for approximately the last 10 years.  In 1957, the applicant was admitted to the U.S. Army Hospital, Muenchweiler, Germany for antabuse treatment.  At the time, his prognosis was good.  However, in 1958, he was again diagnosed as a chronic alcoholic, and has been treated intermittently for symptoms of heavy drinking thereafter.  The applicant had a long history of maladaptation, primarily manifested as excessive drinking and belligerence while intoxicated, but there was no evidence of neurosis or psychosis and psychiatric clearance was granted for any administrative action deemed appropriate by his command.
9.  On 26 September 1961, the appropriate separation authority approved the applicant's elimination from the Army under the provisions of Army Regulation 635-208 for reason of unfitness and directed that he be furnished a General Discharge Certificate.  On 29 September 1961, he was discharged accordingly.

10.  There is no indication in his records that he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. 

11.  Army Regulation 635-208, in effect at the time of the applicant's discharge from active duty, provided procedures and guidance for eliminating enlisted personnel having undesirable habits and traits of character.  An individual was subject to separation under the provisions of this regulation when it was determined that the individual's military record was characterized by frequent incidents of a discreditable nature with civil or military authorities or an established pattern of shirking.  This regulation also provided that Soldiers could be issued an Honorable or General Discharge Certificate by the separation authority; however, a Soldier discharged for unfitness was normally furnished an Undesirable Discharge Certificate.

12.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  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, in effect, an upgrade of his under honorable conditions (general) discharge.

2.  The evidence shows the applicant had a history of abusing alcohol prior to his entry into active duty and he was diagnosed with and treated for chronic alcoholism during his period of service.  Despite his misconduct during his last 6 months of service, his record also shows that he performed his duties in a commendable manner and he received honorable characterizations of service for preceding periods of service.  Regulatory guidance, in effect at the time, stated that if an individual was discharged for misconduct, an under other than honorable conditions discharge was normally considered appropriate; nonetheless, his commander recommended he be issued a general discharge based on his good years of service and excellent efficiency ratings.

3.  The Army's overriding goal is improved readiness and, to that end, Soldiers who abuse alcohol or drugs, or who commit misconduct while under the influence of alcohol or drugs, are still subject to discharge.  On 13 September 1961, he was informed of the reason for his proposed discharge and advised of his rights.  He was properly and equitably discharged in accordance with the regulations in effect at the time.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  His record contains no indication of procedural or other errors that would tend to jeopardize his rights.  

4.  Based on the above, his request should be denied.

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)                                         AR20120020613





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ABCMR Record of Proceedings (cont)                                         AR20120020613



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