MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            29 December 1999
	DOCKET NUMBER:   AR1999025505

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		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 to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	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:  That his Narrative Reason for Separation be changed from Rehabilitative Failure to Overseas Returnee.

APPLICANT STATES:  That he needs his reason for separation changed so that can use his VA benefits.

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

On 27 January 1981, he enlisted in the Army for 3 years` in the pay grade of 
E-1.

Nonjudicial punishment (NJP) was imposed against the applicant on 8 April 1982 for an alcohol related offense of failure to go to his appointed place of duty.  However the record is void of what punishment was imposed.

On 6 May 1982, he was referred for treatment in the local Alcohol and Drug Abuse prevention and Control Program (ADAPCP).  He was informed that he must not abuse alcohol, and that he must cooperate in counseling and education programs.

On 13 November 1983, NJP was imposed against him for another alcohol related punishment.  As a result, he was declared a rehabilitation failure and he was recommended for discharge under the provisions of Army Regulation     635-200, chapter 9.

The recommendation for discharge was approved by the appropriate authority.  Accordingly on 24 January 1983, he was discharged under the provisions of Army Regulation 635-200, chapter 9 and his Narrative Reason for Separation is reflected in his records as Rehabilitative Failure.  He had completed approximately 2 years, 11 months and 29 days of total active service and he was issued a General Discharge Certificate.

On 27 April 1988, this Board upgraded the applicant’s discharge to an honorable discharge.

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

The same regulation also provides specific guidance in characterizing the service of individual discharged for alcohol abuse.  Paragraph 3-8 incorporates the provisions of the drug/alcohol exemption policy, as prescribed in AR 600-85, which provides that under the exemption policy, the characterization of an individual’s service is restricted to fully honorable if the decision to initiate discharge against a service member is motivated by the member’s having been identified as an alcohol abuser.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The narrative reason for separation as currently reflected is appropriate considering all the facts of the case.

3.  In accordance with the applicable regulation his general discharge was upgraded by this Board to an honorable discharge.  However, he was discharged for being a rehabilitative failure and his records appropriately reflect that information.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___gp___  ___cjp __  ___clg___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025502	
SUFFIX		
RECON		
DATE BOARDED	1999/12/29	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1983/01/24	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	680	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  191	110.0200	
2.		
3.		
4.		
5.		
6.