IN THE CASE OF:
BOARD DATE: 20 June 2013
DOCKET NUMBER: AR20120021814
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, correction of his narrative reason for separation.
2. The applicant states he successfully completed the Alcoholism Rehabilitation Program on 4 June 1993.
3. The applicant provides a certificate of completion of the Alcoholism Rehabilitation Program from the Malcolm Grow U.S. Air Force Medical Center, Andrews Air Force Base, Washington, DC.
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. Having prior enlisted service, the applicant again enlisted in the Regular Army on 1 November 1990.
3. On 9 November 1992, the Walter Reed Army Medical Center Clinical Director stated the applicant was an Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) rehabilitation failure due to his failure to comply with treatment requirements and that he should be considered for administrative action deemed appropriate by his command. She cited the following events:
* he was enrolled in the Bethesda Naval Hospital Tri-Service Alcohol Rehabilitation Department (TRISARD) on 7 August 1992 and was discharged on 28 August 1992
* he was enrolled in the ADAPCP Aftercare Program after he was discharged from the TRISARD as a rehabilitation failure due to his inability to follow program rules
* on 2 September 1992, a command decision was made to retain the applicant on active duty
* his treatment plan included urinalysis twice a week, Antabuse (disulfiram) therapy, three ADAPCP step meetings/week, three fellowship meetings/week, and weekly counseling sessions
* he failed to comply with his treatment program and he admitted to using cocaine on 6 November 1992
4. The applicant was notified of initiation of separation action for alcohol and drug abuse. He was informed that he could consult with counsel and rebut the basis for the separation. The applicant elected to do neither.
5. The separation authority approved the recommendation and directed his honorable discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 9, for abuse of alcohol and other drugs. Further, he stated, "The transition point will, in accordance with AR [Army Regulation] 635-5-1 [Separation Program Designator Codes], enter on [Applicant's] DD [Form] 214 [Certificate of Release or Discharge from Active Duty] the authority as 'Chapter 9, AR 635-200,' and the reason as 'drug abuse rehabilitation failure.'"
6. On 9 February 1993, the applicant was so discharged. The separation authority listed in item 25 is Army Regulation 635-200, chapter 9, and the narrative reason for separation shown in item 28 (Narrative Reason for Separation) is "DRUG ABUSE REHABILITATION FAILURE."
7. He provided a certificate of completion from the Malcolm Grow U.S. Air Force Center Alcoholism Rehabilitation Program from 10 May to 4 June 1993.
8. Army Regulation 635-200 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service clearly involved drug abuse as evidenced by his own admission of using cocaine and his failure to complete both the aftercare program requirements and ADAPCP treatment plan. His completion of the alcohol rehabilitation program is noted; however, he completed the program after he was discharged from the Army. Therefore, it has no bearing on the narrative reason for separation recorded on his DD Form 214.
2. Lacking evidence to the contrary, his discharge process was properly administered and the narrative reason was appropriate.
3. 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
BOARD 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) AR20120021814
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ABCMR Record of Proceedings (cont) AR20120021814
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