BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140000906 


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 that his general, under honorable conditions discharge be upgraded to honorable.

2.  The applicant states his discharge should have been upgraded 6 months after he was discharged.

3.  The applicant did not provide 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.  The applicant enlisted in the Regular Army on 4 September 1986.

3.  He accepted nonjudicial punishment (NJP) on 24 February 1987 for being disrespectful in language towards a noncommissioned officer (NCO) and for wrongfully using provoking gestures towards an NCO by drawing back a closed fist as if going to swing.

4.  A DA Form 2496 (Disposition Form), subject:  Determination of Army Drug and Alcohol Prevention and Control Program (ADAPCP) Rehabilitation Progress shows that on 21 May 1987, he was evaluated at the ADAPCP as a permanent change of station gain from Fort Leonard Wood, MO, where he attended advanced individual training (AIT) and where he was enrolled in the ADAPCP due to going absent without leave while he was under the influence of alcohol.  This form also shows he was enrolled in Track II of the program, he was pending charges for an alcohol-related domestic assault, and his rehabilitation progress was rated as poor.

5.  On 14 July 1987, he accepted NJP for operating a passenger car while drunk on 8 June 1987 and for escaping from military police (MP) custody on 8 June 1987.

6.  On 21 July 1987, he was notified by his immediate commander that he was initiating action to discharge him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 9, with a General Discharge Certificate.  His commander cited the reasons for the proposed separation action as the following:

* his significant alcohol problem
* after an alcohol-related domestic disturbance, he was referred to ADAPCP where it was discovered he had been enrolled in Track II of the ADAPCP while attending AIT
* while enrolled in Track II, he was arrested for driving while intoxicated (DWI)
* he was belligerent to the MP and he fled the MP station 
* his resistance to authority, inability to adjust to military service, and his unwillingness to control his alcohol use made him impossible to rehabilitate 
* he was determined to be a rehabilitation failure

7.  On 21 July 1987, he acknowledged receipt of the proposed separation action. He was advised by legal counsel of the basis for the contemplated separation for ADAPCP failure, of the type of discharge he could receive and the possible effects of this discharge, of the procedures and rights available to him, and the effect of any action taken by him in waiving his rights.  He elected to submit a statement in his own behalf.

8.  He submitted a statement on 27 July 1987 in which he indicated he did not wish to contest the proposed discharge.

9.  On 28 July 1987, the separation authority approved the separation action and directed the issuance of a general discharge.  On 7 August 1987, he was discharged accordingly.

10.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge.

11.   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 Soldiers because of alcohol or other drug abuse.  A member who has been referred to the 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.  Initiation of separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation failures.  The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required.

	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 his general, under honorable conditions discharge should be upgraded to honorable because it should have been upgraded 
6 months after his separation.  However, the U. S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant requests a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  
2.  The evidence of record shows he was referred to the ADAPCP after an alcohol-related domestic disturbance.  While attending the program, he received NJP for a DWI offense.  As a result, he was determined to be a rehabilitative failure.  Accordingly, separation proceedings were initiated against him under the provisions of Army Regulation 635-200, chapter 9.  

3.  His record of indiscipline includes NJP for being disrespectful in language towards an NCO, wrongfully using provoking gestures towards an NCO, DWI, and escaping from MP custody.  This record of indiscipline clearly diminished the overall quality of his service below that meriting a fully honorable discharge.  As a result, his discharge accurately reflects the overall quality of his service.

4.  His separation processing was accomplished in compliance with applicable regulations.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.

5.  The applicant has failed to show that the discharge he received from the Army in 1987 was unjust, inequitable, or improper.  As a result, there is no basis to grant the requested relief.

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)                                         AR20140000906



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ABCMR Record of Proceedings (cont)                                         AR20140000906



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