BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018842
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 the Army never offered him any rehabilitation; they just discharged him. He no longer takes drugs or drinks alcohol. He quit "doing" them in 1996 and has been clean and sober since.
3. The applicant provides four third-party statements in support of his application.
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 21 September 1982 for a period of 3 years. He completed one-station unit training as an infantryman at Fort Benning, Georgia, and was transferred to Fort Carson, Colorado, for his first and only duty assignment on 19 January 1983.
3. On 14 February 1983, he was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP).
4. On 11 April 1983, nonjudicial punishment (NJP) was imposed against him for wrongfully possessing less than 30 grams of marijuana.
5. On 6 May 1983, NJP was imposed against him for being absent without leave (AWOL) from 18 April to 19 April 1983 and from 23 April to 24 April 1983, and for stealing clothing belonging to two other Soldiers.
6. On 20 May 1983, NJP was imposed against him for failing to go to his place of duty.
7. On 15 June 1983, NJP was imposed against him for being AWOL from 1 June to 7 June 1983.
8. On 17 June 1983, the applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 9, due to being a drug and alcohol abuse rehabilitation failure. He cited the applicant's disciplinary record and the fact that he had been declared a rehabilitation failure by the ADAPCP director.
9. The applicant declined counsel, elected not to submit a statement in his own behalf, and declined treatment in a Veterans Administration Medical Center.
10. The appropriate authority approved the recommendation for discharge and directed the issuance of a General Discharge Certificate.
11. He was discharged under honorable conditions on 16 August 1983 under the provisions of Army Regulation 635-200, chapter 9, due to drug abuse rehabilitation failure. He completed 10 months and 16 days of active service.
12. There is no evidence in his official records to show he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's
15-year statute of limitations.
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 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 that includes the Soldier's behavior and performance during the current enlistment.
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's administrative separation was accomplished in accordance with applicable regulations with no evidence of any violations of the applicant's rights. He was given the proper narrative reason for his separation and he has provided no evidence to justify an upgrade of his discharge.
2. The applicant's contentions and supporting documents have been noted. He was given the opportunity to be rehabilitated when he was enrolled in ADAPCP. He was declared a rehabilitation failure 4 months later. His overall record of service of less than 1 year does not constitute fully honorable service.
3. Accordingly, there appears to be no basis to grant his request for an upgrade of his discharge.
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) AR20130018842
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ABCMR Record of Proceedings (cont) AR20130018842
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