BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140002220 


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 reconsideration of his previous application to upgrade his general, under honorable conditions discharge to an honorable discharge. 

2.  The applicant states:

* the Board should consider the fact that he was just a teenager when he joined the Army – he came into the service with no supervision and was expected to make it on his own
* he was sent to a foreign country in which he had never been and could not adjust to the different culture
* he didn't come into the service to mess up his life – when he joined the Army he was very respectful
* he was put in a room with an active drug addict
* while in Germany he felt he had no active life so he started drinking
* every problem he had was due to his drinking – he had to enroll himself in Alcoholics Anonymous (AA) in order to turn his life around
* there is no record keeping in AA since it is an anonymous fellowship
* he really wishes his service could have worked out better 
* he did not ask for help while he was in the Army because he was afraid he would get kicked out
* he has life-threatening medical issues now and he receives his medical treatment through the Department of Veterans Affairs (VA)
* he is married and has children to raise
* he attends his AA meetings on a regular basis and has been sober for over 20 years
* he does not blame his roommate for his drinking but he believes he would have come out better if he had never roomed with him

3.  He provides a copy of the Army Board for Correction of Military Records (ABCMR) decision letter from his previous application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130002909, on 12 September 2013.

2.  He submits a new argument that every problem that led to his discharge resulted from his alcohol abuse.  The Board will consider this new argument.  

3.  He was nearly 19 years of age at the time of his enlistment on 24 February 1976.  He completed training and was awarded military occupational specialty 71N (Traffic Management Coordinator).  

4.  His record contains a Letter of Commendation, dated 3 November 1976, in which he was commended for his outstanding performance of duty during "REFORGER 76."  

5.  His record contains a line of duty (LOD) investigation packet that shows he was hospitalized for 5 days for a cracked rib, which was caused by a fight on       4 February 1977.  His injury was found not to be in the line of duty, due to his own misconduct.  

* the report showed he was not under the influence of alcohol or drugs
* a Report of Observations for Determination of Intoxication, dated              4 February 1977, shows he had "mandrax" (a controlled substance) in his possession and had consumed four drinks
* he was noted to stagger heavily and the odor of the intoxicants was strong  
6.  His separation physical shows he stated he was in good health.  The attending physician found him qualified for separation.  There is no record of alcohol abuse.  

7.  On 18 September 1978, his commander submitted a request to discharge him under the provisions of the Expeditious Discharge Program (EDP).  His infractions included numerous instances of failing to go to work or being late for work.  His commander did not cite the applicant's alcohol abuse in his request.  

8.  The applicant acknowledged receipt of the notification for the pending discharge action.  He voluntarily consented to the discharge and acknowledged that he had been provided the opportunity to consult with counsel.  He waived his right to submit a statement in his behalf.

9.  The appropriate authority approved the recommendation to separate him under the EDP with a general discharge.  Accordingly, on 14 November 1978, he was discharged after completing 2 years, 8 months, and 9 days of active service.  
10.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, prescribed the basic authority for the separation of enlisted personnel.  

	a.  Paragraph 5-31 provided that members who completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of a poor attitude, a lack of motivation, a lack of self-discipline, an inability to adapt socially or emotionally or failure to demonstrate promotion potential could be discharged.  It provided for the expeditious elimination of substandard, nonproductive Soldiers before a board or punitive action became necessary.

	b.  Paragraph 3-7a provided 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.  He contends that his discharge should be upgraded because he was a teenager at the time of his enlistment and his assignment to a foreign country with a roommate who was a drug addict influenced his drinking.  While he states he is not blaming his roommate for his mistakes, which he states were all caused by his drinking, he believes he would have come out better if he did not room with him.  

2.  His record contains a report that shows he was intoxicated at the time he sustained his cracked rib, and that injury was found to be not in the line of duty.  

His numerous infractions of being late for work may have been the result of heavy drinking, but his drinking is not a valid excuse for the infractions which occurred.  

3.  The evidence shows he voluntarily consented to be discharged under the EDP.  His discharge was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  Considering all the facts of the case, the type of discharge directed and the reason for separation were appropriate.

4.  Notwithstanding his Letter of Commendation, his service clearly does not meet the standards of acceptable conduct or performance of duty for Army personnel.  

5.  His attendance at regular AA meetings and being sober for more than 
20 years is noted.  However, this alone is not a basis for upgrading a discharge and is insufficient to mitigate his indiscipline while in the Army.  Therefore, he is not entitled to an honorable 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130002909, dated 12 September 2013.



      __________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)                                         AR20140002220





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ABCMR Record of Proceedings (cont)                                         AR20140002220



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