IN THE CASE OF:	  

		BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130019996 


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 under honorable conditions discharge (GD) to an honorable discharge (HD).

2.  The applicant states, in effect, he entered the military at a young age and began drinking.  He did not know he had a problem and was never offered rehabilitation or detoxification before being discharged.  He is homeless and is unable to access Department of Veterans Affairs (VA) benefits, State benefits, and other benefits that he needs to improve his current circumstances.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

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 was born on 25 February 1963.  He enlisted in the Regular Army on 22 February 1984.  He successfully completed initial entry training and was awarded military occupational specialty 13B (Cannon Crewman).

3.  On 2 May 1984, he was command-referred to the Alcohol and Drug Abuse and Prevention Control Program (ADAPCP) for continued abuse of alcohol.

4.  On 4 May 1984, he was admitted to the hospital for lacerations on his forearm because of an alcohol-related incident.  On 23 June 1984, he was admitted to the hospital for a head injury sustained when he fell while intoxicated.

6.  On 11 July 1984, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for failure to be at his appointed place duty.

7.  A DA Form 4466 (ADAPCP Client Progress Report), dated 12 September 1984, shows the ADAPCP Clinical Director confirmed the applicant made no progress during rehabilitation and he recommended administrative discharge for alcohol.  

8.  He was counseled on 19 September 1984 and 23 October 1984 for being late for formation.  

9.  On 26 October 1984, he was drunk and disorderly in the billets.

10.  On 27 December 1984, the applicant was notified by his company commander that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 9, for reasons that included continued abuse of alcohol while enrolled in the ADAPCP.

11.  The applicant was further advised that he could receive an honorable, general, or entry level separation.  He acknowledged that consulting counsel had advised him of the basis for the contemplated action to accomplish his separation for alcohol or other drug abuse rehabilitation failure and its effects, of the rights available to him, and of the effect of the action taken by him in waiving his rights. The applicant indicated he would provide statements in his own behalf, but he did not do so within the required time.

12.  On 29 January 1985, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 9, and directed issuance of GD Certificate.

13.  On 6 February 1985, he was discharged in accordance with the separation authority's decision.  He completed a total of 11 months and 15 days of creditable active service with 3 days of lost time.

14.  Chapter 5 of Army Regulation 600-85 (ADAPCP) states Soldiers who are rehabilitation failures will be processed for administrative separation when the unit commander, in consultation with the ADAPCP staff, determines that further rehabilitation efforts are not practical and that rehabilitation is a failure.  

15.  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 ABCMR does not grant requests to upgrade discharges solely for the purpose of making applicants eligible for benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.

2.  The applicant contends he was never offered rehabilitation or detoxification before being discharged; however, the available record shows the applicant received a general discharge for being an alcohol abuse-rehabilitation failure.  He was declared a rehabilitation failure for consuming alcohol during his ADAPCP enrollment, not making satisfactory progress, missing several appointments, and being unwilling to cooperate.  

3.  His discharge was accomplished in compliance with applicable regulations and without procedural errors that would have jeopardized his rights. 
4.  Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, he is not entitled to an HD.

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)                                         AR20130019996



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019996



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1