IN THE CASE OF:	  

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140013032 


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 discharge be upgraded to an honorable discharge.  He also requests, in effect, that the narrative reason for his discharge be changed to show he was discharged due to medical reasons.

2.  The applicant states, in effect, that:

* all of the alcohol-related charges that involved being drunk and the later charges were incurred while going through withdrawal in 2008 
* alcohol addiction is now considered a disease
* rehabilitation was not "appropriated" for him to succeed
* he needed in-house treatment
* when he sought help the U.S. Army treated it as a pattern of misconduct

3.  The applicant provides:

* his Army Discharge Review Board (ADRB) Record of Proceedings
* two pages of his medical record
* a personal reference statement

CONSIDERATION OF EVIDENCE:
1.  The applicant enlisted in the Regular Army on 21 December 2006.

2.  The applicant's record contains:

	a.  Two DA Forms 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) showing he accepted nonjudicial punishment (NJP) under the provisions of Article 15:

		(1)  on 18 November 2007, for wrongfully operating a motor vehicle while his alcohol concentration exceeded 0.10 grams of alcohol per 210 liters of breath as shown by a chemical analysis; and  

		(2) on 6 August 2008, for three instances of failing to go to his appointed places of duty at the time prescribed, disobeying a lawful order, two instances of being disrespectful in deportment toward a noncommissioned officer (NCO), and two instance of being disrespectful in language toward an NCO. 

	b.  Ten DA Forms 4856 (General Counseling Forms), dated between
22 February and 5 July 2008, for disobeying lawful orders, failing to obey lawful orders, being disrespectful toward an NCO, failing to wake up on time for formations, insubordinate conduct toward a warrant officer or an NCO, and for failing to conduct weapons maintenance as directed.

	c.  a Medical Command Form 699-R (Mental Status Evaluation), dated 
20 August 2008, which shows a mental status evaluation cleared the applicant for administrative actions deemed appropriate by the command.

3.  On 22 September 2008:

   a. The applicant was notified by his unit commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12b, due to a pattern of misconduct, for being drunk and disorderly and willfully damaging government equipment, operating a motor vehicle while his alcohol concentration exceeded 0.10 grams, numerous instances of being disrespectful toward an NCO, and being counseled numerous times for other types of misconduct.  

   b.  He acknowledged receipt of the proposed separation action against him
and consulted with legal counsel.  He was advised of the basis for the contemplated separation action, the effects of such a separation, the rights available to him, and of the effect of any action taken by him in waiving his rights.

   c.  The applicant's company commander recommended the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 14-12b, due to a pattern of misconduct, with a general discharge.  

   d.  The separation authority approved the applicant's separation and directed that the applicant be separated under the provisions of Army Regulation 
635-200, paragraph 14-12b, for pattern of misconduct with a general discharge.

4.  On 6 December 2008, the applicant was discharged accordingly.  The DD Form 214 he was issued shows he was discharged by reason of pattern of misconduct under the provisions of chapter 14, paragraph 14-12b, Army Regulation 635-200, with a general discharge.  This form further confirms he completed 1 year, 11 months, and 16 days of creditable active military service.  

5.  The applicant submitted:

	a.  Two pages of medical records, dated 8 February 2012, which indicated that while he was in Iraq from 2008 to 2009, he was involved in a blast exposure that resulted in his vehicle turning over and knocking him out for a few minutes.

	b.  An undated statement from his father who indicated that his son:

* had a drinking problem
* was deployed prior to receiving treatment 
* received a discharge that was morally wrong
* suffered from head trauma and post-traumatic stress disorder which was diagnosed while he was serving in the Army 

6.  On 9 June 2014, the ADRB reviewed all the evidence and "mitigating" factors of the applicant's discharge and denied his request in its entirety for an upgrade.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally considered appropriate.

8.  Army Regulation 635-200, 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 contention that his discharge should be upgraded to an honorable discharge and the narrative reason should be changed to medical reasons, based on alcoholism was carefully considered and determined to be insufficient to grant relief.

2.  The applicant was not discharged solely based on his alcohol-related problems.  Although he may have suffered from alcoholism while in the military, he was discharged due to a pattern of misconduct that is evidenced by ten counseling statements and two NJP's.  

3.  All requirements of law and regulation were met, and the applicant's rights were fully protected throughout the separation process.  Further, the applicant’s discharge accurately reflects his overall record of service.

4.  Based on the foregoing, there is insufficient basis to grant the applicant's request.

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)                                         AR20140013032



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ABCMR Record of Proceedings (cont)                                         AR20140013032



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