IN THE CASE OF:    

		BOARD DATE:  19 May 2015	  

		DOCKET NUMBER:  AR20140016963 


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:

	a.  an upgrade of his general discharge under honorable conditions to fully honorable; and

	b.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Overseas Service Ribbon (OSR) and Korea Defense Service Medal (KDSM).

2.  The applicant states:

* he wants his discharge upgraded for better job prospects and benefits
* the OSR is for his service in Korea for 8 months and 22 days
* the KDSM is for serving more than 30 consecutive days in country

3.  The applicant provides no 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 25 June 1998 for 4 years.  He completed his training and was awarded military occupational specialty 44B (metal worker).

3.  Headquarters, 34th Support Group, memorandum, dated 10 August 1999, subject:  Summary of Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) Rehabilitation Efforts, (Applicant), summarizes the applicant's rehabilitation failure and states:

	a.  There is a record of two referrals to the ADAPCP.  The first referral was a medical referral on 15 January 1999 by the Department of Psychiatry based on the heavy use of alcohol.  On 29 January 1999, he was screened and enrolled in ADAPCP on 5 February 1999 for out-patient treatment of alcohol abuse.  A rehabilitation team meeting was held on 8 April 1999 and he was released from ADAPCP because of noted progress and no reports of alcohol use.

	b.  The second referral to ADAPCP was a medical referral on 24 June 1999 by the Department of Psychiatry based on alcohol use.  He was screened on 25 June 1999 and again enrolled in ADAPCP on 29 June 1999.  According to the ADAPCP record, the applicant denied having an alcohol problem.  Another alcohol-related incident occurred on 28 July 1999 and he was reported to the ADAPCP counselor.

	c.  With the applicant's continued use of alcohol while enrolled in ADAPCP, there appears he had no real motivation to abstain and work towards positive behavior changes.  Therefore, further efforts at rehabilitation appear futile at the time.

4.  On 18 August 1999, discharge proceedings were initiated against him for alcohol rehabilitation failure under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 9.  The unit commander cited his alcohol rehabilitation failure.

5.  He consulted with counsel.  On 19 August 1999, the separation authority approved the recommendation for separation and directed the issuance of a general discharge.

6.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Korea from 9 December 1998 through 31 August 1999 for a total of 8 months and 22 days.

7.  On 31 August 1999, he was discharged under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.  His service was characterized as under honorable conditions (general).  He completed 1 year, 2 months, and 6 days of creditable active service.

8.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

9.  There is no indication in the available records that the applicant applied to the Army Discharge Review Board for a discharge upgrade within its 15-year statute of limitations.

10.  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.

	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.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The OSR is awarded for successful completion of overseas tours.


	b.  The KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

12.  Army Regulation 614-30 (Overseas Service) provides policy and guidance for eligibility and selection criteria for overseas service in a permanent change-of-station status under routine conditions as well as contingency operations and deployments.  It also provides guidance for establishment of tour lengths for overseas areas and the curtailment, voluntary and involuntary foreign service tour extensions; consecutive overseas tours and in-place consecutive overseas tours; the Overseas Tour Extension Incentive Program; intra- and inter-theater assignments; and time-on-station criterion.  Accompanied tours in Korea are controlled by the Commander, U.S. Forces Korea.  Not all Soldiers are eligible to serve accompanied tours in those areas of Korea where accompanied tours are authorized.  Soldiers who are not approved to serve the 24-month accompanied tour will serve the unaccompanied 12-month dependent-restricted tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he wants his general discharge upgraded so he can obtain a better job and qualify for veterans' benefits.  However, a discharge is not changed for the purpose of enhancing employment opportunities or qualifying an applicant for veterans' benefits.  Each application is reviewed to determine whether the preponderance of the evidence shows an error or injustice exists and, if so, what relief is appropriate.

2.  The evidence of record shows he was command-referred to ADAPCP in January 1999 for heavy use of alcohol.  After release from ADAPCP, he continued to abuse alcohol and was command-referred to ADAPCP a second time in June 1999 and failed to complete the program.

3.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.

4.  The evidence of record shows he completed 8 months and 22 days of foreign service.  He was discharged prior to successfully completing his overseas tour in Korea.  Therefore, there is no basis for awarding him the OSR.

5.  He served a qualifying period for award of the KDSM.  Therefore, his DD Form 214 should be corrected to show this medal.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the KDSM to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to upgrading his discharge or adding award of the OSR to his DD Form 214.



      ____________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)                                         AR20140016963



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ABCMR Record of Proceedings (cont)                                         AR20140016963



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