IN THE CASE OF:	  

		BOARD DATE:	  21 November 2013

		DOCKET NUMBER:  AR20130006439 


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 under honorable conditions to honorable.

2.  The applicant states he was not allowed to complete the rehabilitation program because of field exercises and his early discharge.  He is presently residing in a Department of Veterans Affairs rehabilitation facility.

3.  The applicant provides no additional evidence.

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.  On 16 October 1984, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 13F (Fire Support Specialist).

3.  On 15 August 1986, the applicant was enrolled in Track I (lowest level) of the Army Drug and Alcohol Prevention and Control Program (ADAPCP) based on referral by his command.  He was scheduled to attend the educational seminar during the week of 15 September 1986; however, he was unable to do so due to a field exercise.  He was subsequently enrolled in Track II of the program on 16 September 1986.

4.  On 24 September 1986, the counseling center received a request from the applicant's command to declare him a rehabilitation failure due to a subsequent alcohol-related incident (driving while intoxicated).

5.  On 17 October 1986, the applicant's commander recommended his bar to reenlistment.  The commander cited the following as the basis for his recommendation:

	a.  nonjudicial punishment (NJP) on:

* 16 March 1986 – for being incapacitated for duty by alcohol
* 15 August 1986 – for failing to go to his appointed place of duty at the time prescribed
* 23 September 1986 – for operating a vehicle while drinking

	b.  record of non-payment of debts on:

* 25 June 1985 – dishonored checks statement
* 12 July 1985 – suspension of check cashing privileges

	c.  record of counseling on:

* 22 September 1985 – for drinking alcohol in billets
* 25 September 1985 – for revocation of drinking privileges in billets
* 31 October 1985 – for failing to move to the field
* 16 March 1986 – for failing to report to duty
* 20 March 1986 – for failing to shave
* 24 March 1986 – for failing to follow instructions
* 31 March 1986 – for failing to report to duty

6.  On 18 October 1986, the appropriate authority approved the bar to reenlistment.

7.  On 17 November 1986, the applicant's commander notified him of his intention to initiate action to separate him for drug and alcohol abuse under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 9.  The commander recommended the issuance of a General Discharge Certificate.  The applicant acknowledged receipt of the notification the same day.

8.  On 17 November 1986, the applicant stated he had been afforded the opportunity to be advised by consulting counsel concerning the basis for the contemplated action and of its effects, the rights available to him, and the effects of any action taken by him in waiving his rights.  The applicant did not make a statement in his own behalf and waived consulting counsel.  He stated his understanding that he may expect to encounter prejudice in civilian life as a result of receiving a general discharge under honorable conditions.

9.  On 18 November 1986, the applicant's commander recommended his separation due to his continuous abuse of alcohol in spite of numerous admonitions by the chain of command.  The commander also cited his two NJP's and lack of discipline.  The counseling he received did not have a positive effect.  His continued service in the military would only have been detrimental to the U.S.  Army.

10.  On 19 November 1986, the appropriate authority approved the recommendation and directed the issuance of a General Discharge Certificate.

11.  On 28 November 1986, the applicant was accordingly discharged.  He completed 2 years, 1 month, and 13 days of creditable active duty service.

12.  On 10 September 1987, the Army Discharge Review Board (ADRB) considered the applicant's request for an upgrade of his discharge.  The ADRB determined that his discharge was proper and equitable and denied his request.

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 9 contains the authority and outlines the procedures for discharging individuals 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.  At the time of the applicant's separation an honorable or general discharge was authorized.

	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 contends that his discharge should be upgraded to honorable because he was not allowed to complete the rehabilitation program due to field exercises and his early discharge.

2.  The available evidence of record indicates the applicant was unable to attend Track I of the ADAPCP due to field exercises.  He was later enrolled in Track II of the program.  However, he was removed from Track II of the ADAPCP because of a subsequent alcohol incident involving drinking and driving.

3.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

4.  Based on his record of indiscipline, the applicant's service clearly did not meet the standards of acceptable conduct for Army personnel.  Therefore, he is not entitled to an upgrade of his discharge.

5.  In view of the foregoing, the applicant's 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 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)                                         AR20130006439



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ABCMR Record of Proceedings (cont)                                         AR20130006439



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