MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  15 March 2001
	DOCKET NUMBER:  AR2000049873

	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. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Mr. Richard T. Dunbar		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 general discharge for alcohol rehabilitation failure be changed to an honorable discharge at expiration of his term of service (ETS).

APPLICANT STATES:  That he has corrected his alcohol problem and no longer conducts himself in that manner.  He is a rehabilitated person.  He states that he is providing supporting letters to justify the correction, but there are no additional documents attached to his application.

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

He enlisted and entered active duty on 8 March 1983 at 20 years and 7 months of age.  He was trained in field artillery and assigned to Fort Polk, Louisiana until 9 January 1985 when he was reassigned to Korea.  He was promoted to the pay grade of E-4 effective 1 March 1985.

On 10 April 1985, he was command referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol abuse.  There is no information in the available record to show why he was command referred to ADAPCP.

On 30 September 1985, he was punished under Article 15, UCMJ for overindulgence in intoxicating liquor which rendered him unfit for the performance of his duties.  His punishment included reduction to the pay grade of E-3, a fine, and extra duty.

On 30 September 1985, the director of the ADAPCP program noted that the applicant had been declared a rehabilitation failure based on his conduct and performance ratings of unsatisfactory and his recent incapacity for duty because of alcohol abuse.

On 17 October 1985, the applicant was informed of his commander’s intent to recommend separation as a alcohol rehabilitation failure.  The applicant acknowledged the commander’s recommendation and, after consulting with counsel, elected to submit a statement in his own behalf.

In his statement the applicant wrote that he never had alcohol problems until his assignment to Korea and stated that he can kick this problem.  He requested to be allowed to remain on active duty for the additional 4 months to reach his ETS.

The commander submitted his recommendation for separation of the applicant to the separation authority on 25 October 1985.  In his recommendation the commander noted that the applicant had a number of alcohol related offenses and that rehabilitation efforts were no longer practical.  He had been counseled both formally and informally by the chain of command.
The separation authority approved the request and directed issuance of a general discharge certificate.  Effective 21 November 1985, the applicant was separated under the authority of Army Regulation 635-200, chapter 9 for alcohol abuse rehabilitation failure.  He had 2 years, 8 months, and 14 days creditable 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 individuals because of alcohol or other drug abuse.  A member who has been referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) 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.  At the time of the applicant's separation, an honorable or general discharge was authorized.

There is no evidence in the available record to show that he applied to the Army Discharge Review Board for an upgrade of his discharge within the 15-year time limit established.

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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

2.  While the applicant’s statement that he no longer has an alcohol problem is commendable, the Army placed him in a treatment program at the time and he continued to have alcohol abuse problems that directly interfered with his military duties.

3.  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 this requirement.

4.  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

__ew____  __to___  ___rd___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000049873	
SUFFIX		
RECON		
DATE BOARDED	20010315	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19851121	
DISCHARGE AUTHORITY	AR 635-200, CH 9	
DISCHARGE REASON	69.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.