MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:   3 March 1999
	DOCKET NUMBER:   AR1998012308

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Gary C. Miller		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his general discharge be upgraded to honorable.  He states that his life has changed to normal and repaired since he was discharged in 1982; that he is married with four children and a Christian family, works two jobs and no longer uses alcohol.

Counsel contends that the applicant enlisted with evidence of pre-service alcohol abuse, that alcoholism is a disease which can be treated and it is the responsibility of the service to restore individuals back to effective service.  That the applicant’s alcoholism continued in the service and not enough was done to rehabilitate him.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted on 5 January 1978 for a period of 3 years and, after training, was assigned to Fort Bragg, North Carolina.  On 30 November 1980 he was discharged early for the purpose of immediate reenlistment, with a station of choice option for reassignment to Fort Harrison, Indiana.

On 30 December 1980, while still at Fort Bragg, the applicant was administered nonjudicial punishment (NJP) under Article 15, UCMJ, for failure to obey a lawful order.

While serving at Fort Harrison, the applicant was twice administered NJP:  on
24 June 1981 for consuming alcohol [prior to reporting for duty, and on 23 April 1982 for being drunk on duty.

On 12 May 1982 the applicant’s commander recommended he be discharged as an alcohol rehabilitation failure under the provisions of Army Regulation 635-200, chapter 9.  The applicant consulted with counsel and submitted a statement in his own behalf, acknowledging that he had temporary personal problems, but that he wanted to continue to serve his country.  He acknowledged that he might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him.  On 24 May 1982 the separation authority approved the recommendation and directed the applicant be issued a General Discharge Certificate.

The applicant was discharged on 26 May 1982 at Fort Harrison.  He had 4 years, 4 months and 22 days of creditable active service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 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.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 26 May 1982, the date of discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 26 May 1985.

The application is dated 25 February 1998 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1998012308	
SUFFIX		
RECON		
DATE BOARDED	19990303	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19820526	
DISCHARGE AUTHORITY	AR635-200 CH9	
DISCHARGE REASON	A69.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.