IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130006415
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed an additional 30 days of active service.
2. The applicant states he needs his DD Form 214 corrected so he can qualify for veterans' benefits. He is 30 days short of qualifying for benefits and he needs medical attention. He is currently enrolled in a rehabilitation program.
3. The applicant provides a copy of his DD Form 214.
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 6 November 1990 for a period of 5 years and training as a carpentry and masonry specialist. He completed one-station unit training at Fort Leonard Wood, Missouri, and was transferred to Hawaii on 26 March 1991. He was advanced to pay grade E-4 on 1 January 1992.
3. On 19 August 1992, the applicant's commander notified him that he was initiating action to discharge him from the service due to alcohol abuse/
rehabilitation failure under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 9. As the basis for his recommendation, he cited the applicant's command referral to the Alcohol and Drug Abuse Prevention and Control Program on 24 March 1992 based on an alcohol-related incident and on 30 June 1992 and the applicant's refusal to participate in the program.
4. On 20 August 1992 after consulting with defense counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.
5. The appropriate authority approved the recommendation for discharge on 21 August 1992 and directed the issuance of a General Discharge Certificate.
6. On 5 October 1992, the applicant was discharged under honorable conditions (general) by reason of alcohol abuse/rehabilitation failure under the provisions of Army Regulation 635-200, chapter 9. He completed 1 year and 11 months of active service.
7. 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 individuals because of alcohol and/or drug abuse. A member may be separated because of inability or refusal to participate in or successfully complete a rehabilitation program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Characterization of service will be determined solely by the Soldier's military record which includes the Soldier's behavior and performance during the current enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and found to lack merit. The applicant's administrative separation was accomplished in accordance with applicable regulations with no evidence of any violations of the applicant's rights. His DD Form 214 properly shows he completed 1 year and 11 months of active service.
2. Applicants are not credited with unearned service solely for the purpose of qualifying for benefits. He was afforded treatment for his alcohol abuse problem at the time and chose not to accept it. Accordingly, he was administratively discharged.
3. In the absence of evidence to show otherwise, there appears to be no basis to grant his request.
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) AR20130006415
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