IN THE CASE OF:  	  

		BOARD DATE:  29 September 2015	  

		DOCKET NUMBER:  AR20150002714 


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 under other than honorable conditions discharge to a general under honorable conditions discharge.

2.  The applicant states:

   a.  His job expertise was second to none; however, his inability to manage his off-duty behavior proved to be a problem throughout his career.  Like many Soldiers, he enlisted at the age of 18 and the military was his first experience living independently.  As a result, he was highly influenced by the drinking culture of the barracks in which he lived.  In a span of 2 years, he was disciplined four times for off-duty drinking incidents.  There is absolutely no excuse for this behavior and the consequences resulted in an under other than honorable conditions discharge.

   b.  Since his discharge, the military has made great strides to address drinking problems within the military.  Currently, military members are provided with counseling to include enrollment into programs such as the Army Substance Abuse Program and mental health services.  Unfortunately, these programs were not available during his tenure in the Army.

   c.  After leaving the military, his life revolved around assisting his father with his business.  However, his drinking continued to lead to negative consequences. In the span of 25 years, he has spent many years in jail and many relationships have dissolved as the result of his addictive behavior.  He is currently enrolled in a treatment program called "The Healing Place" located in Richmond, VA.  He has been sober for nearly 1 year and he is engaged in the recovery process for the first time in his life.

   d.  He is a homeless veteran who has been trying to assess the resources that may be available to him upon his discharge from his treatment program.  He is aware the Department of Veterans Affairs (VA) offers services for homeless veterans; however, his discharge status is currently making him ineligible.  He feels that connecting with a VA hospital will be instrumental in maintaining his sobriety and moving forward with his life.  He joined the Army in 1979, and per Army regulations, 90 days of active duty service before 1980 would make him eligible for VA healthcare.

3.  The applicant provides a self-authored statement.

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 3 July 1979, at nearly 19 years of age.  He completed training and he was awarded military occupational specialty 64C (Motor Transport Operator).

3.  The applicant received nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on:

* 26 February 1980, for recklessly damaging by forceful entry two separate vehicles
* 6 August 1980, for two instances of failing to go at the time prescribed to his appointed place of duty
* 17 October 1980, for failing to obey a lawful order, failing to have a valid operators license, and for being absent from his unit


4.   On 20 November 1980, the applicant's commander initiated a local Bar to Reenlistment Certificate, recommending that the applicant be barred from reenlistment based on his record of NJP and poor conduct and efficiency.

5.  A DA Form 4126-R (Bar to Reenlistment Certificate), dated 
20 November 1980, documents that the applicant was furnished a copy of the recommendation.  The form further shows:

* he acknowledged that he received a copy of his commander's recommendation to bar him from further reenlistment
* he was counseled and advised of the basis for the action
* he indicated he did not desire to submit a statement in his own behalf
* the bar to reenlistment was approved on 21 November 1980
 
6.  The applicant's record contains DA Form 4465 (Alcohol and Drug Abuse Prevention and Control Program), dated 17 February 1981, which appears to show after command consultation and individual counseling/therapy, the applicant completed an alcohol and drug abuse program.  The counselor's opinion of the applicant's progress was considered "fair" and the reporting requirements were completed.

7.  On 5 May 1981, the bar to reenlistment was reviewed by the applicant's commander.  It was not considered advisable to remove the bar because the applicant was pending NJP.

8.  The applicant once again received NJP under the provisions of Article 15 of the UCMJ on 13 May 1981, for willfully damaging the property of another Soldier and for theft. 

9.  The applicant's record contains numerous DA Forms 2496 (Disposition Form) which show the applicant was repeatedly counseled for failing to be at his appointed place of duty and missing formations.

10.  The complete facts and circumstances of his discharge are not available for review with this case.  However, his record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows he was discharged on 17 June 1981, in the rank/grade of private/E-1, under the provisions of chapter 14, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), for misconduct – frequent incidents of a discreditable nature with civil or military authorities, with an under other than honorable conditions characterization of service.  This form further shows he completed 1 year, 10 months, and 23 days of net active service this period, with time lost for the periods 2 through
21 September 1980, 6 April 1981, and 12 May 1981.
11.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
	
   a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories at the time included frequent incidents of a discreditable nature with civil or military authorities, an established pattern for shirking, an established pattern showing dishonorable failure to pay just debts, and an established pattern showing dishonorable failure to contribute adequate support to dependents.  A discharge under other than honorable conditions was normally appropriate for a Soldier discharged for acts or patterns of misconduct.

	b.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.	

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his under other than honorable conditions discharge be upgraded to a general under honorable conditions discharge was carefully considered; however, it appears to be without merit.

2.  Records show the applicant was over 19 years of age at the time of his offenses.  There is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed their military service.  In addition, while the circumstances provided by the applicant as the basis for his alcohol and behavior problems are unfortunate, they fail to provide a sufficient basis to warrant an upgrade of his discharge.

3.  All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant's discharge accurately reflects his overall record of service.  The type of discharge directed and the reasons appear appropriate considering all the facts of the case.

4.  Notwithstanding the applicant's contentions, his records show he received NJP under the provisions of Article 15 of the UCMJ on numerous occasions.  Contrary to his claims, the available evidence appears to show the applicant completed an alcohol and drug abuse prevention and control program during his period of service.  Based on his record of indiscipline, the applicant's misconduct renders his service unsatisfactory.

5.  In addition, the ABCMR does not grant requests for upgrade of discharges solely for the purpose of making an applicant eligible for veterans benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  The granting of veteran's benefits is not within the purview of the ABCMR.  Therefore, any questions regarding eligibility for benefits should be addressed to the VA.

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)                                         AR20150002714



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ABCMR Record of Proceedings (cont)                                         AR20150002714



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