MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  28 August 2001
	DOCKET NUMBER:  AR2001055838

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Donald P. Hupman		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 the reason for his discharge, “Alcohol Abuse – Rehabilitation Failure,” be changed to, “Inability to Cope With Stress.”

APPLICANT STATES:  That unfamiliarity with extreme stress caused his alcohol abuse.  The pressures of being a member of the military during the time that he served left him unable and unfamiliar with coping with stress.  He self-medicated himself with alcohol to cope with stress.

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

That he enlisted in the Regular Army on 15 April 1985.  After completing training, he was assigned in Augsburg, Germany, on 1 October 1985, as a Power Generator Equipment Repairer in Headquarters and Headquarters Battery, 
1st Battalion, 30th Field Artillery.  On 15 October 1985, he was advanced to the rank of private, pay grade E-2 (PV2).

On or about 1 November 1985, at a civilian bar, the applicant was apprehended by Military Police for striking a female in the face and stomach with his foot, striking a PV2 in the face with his fist, and kicking another PV2 in the jaw, breaking his jaw.  The applicant was punished under a field grade Article 15, Uniformed Code of Military Justice (UCMJ), by forfeiture of $300 a month for two months, 45 days extra duty, and 25 days restriction.  The record shows that this was an alcohol related incident and that the applicant had a 2.6 percent blood alcohol content.

On 6 November 1985, the applicant was referred to the community counseling center for evaluation.  It was determined that he had an alcohol abuse problem.  On 19 December 1985, he was enrolled in Track II of the alcohol rehabilitation program.  He received medical evaluation and counseling.

On 11 January 1986, the applicant was drunk and disorderly with a blood alcohol content of 1.2 percent, for which he was punished under a company grade Article 15, UCMJ, by forfeiture of $149 and 14 days extra duty and restriction.  He was also reduced to private, pay grade E-1.

On 30 January 1986, the applicant was declared an alcohol rehabilitation failure by his commander.  The community counseling center counselor and the Alcohol and Drug Abuse Prevention and Control Program counselor concurred with this determination.  On 5 February 1986, the applicant’s company commander notified him of his intent to separate him under provisions of chapter 9, Army Regulation 635-200, for alcohol abuse rehabilitation failure.  The applicant was counseled by a legal officer concerning his rights.  The applicant submitted a statement on his behalf and requested the services of counsel.  On 11 February 1986, the commander requested the applicant’s separation.  The separation was 
approved by the battalion commander and a General Discharge Certificate was directed.  On 7 March 1986, the applicant was so discharged with 10 months and 25 days active service.

On 7 November 2000, the applicant requested that the Army Discharge Review Board (ADRB) upgrade his discharge to honorable.  The ADRB found that the applicant’s report of the loss of two jobs and having an auto accident due to alcohol prior to entry into the service, admitted during Alcohol and Drug Abuse Prevention and Control Program counseling, which information is subject to limited use policy, had been included in the final discharge process.  Accordingly, under the provisions of Army Regulation 635-200, paragraph 9-4, an honorable discharge is mandated in such cases where limited use information is disclosed in the discharge process.  The ADRB upgraded the applicant’s character of discharge to honorable and a new DD Form 214 was issued showing this change.  The authority and narrative reason for discharge remained correct and equitable, and was unchanged.

According to Army Regulation 600-85, Alcohol and Drug Abuse Prevention and Control Program (ADAPCP), limited use policy prohibits the use of evidence against a soldier in actions under the Uniform Code of Military Justice or on the issue of characterization of service in separation proceedings concerning admissions and other information concerning drug or alcohol abuse occurring prior to the date of initial referral to ADAPCP provided voluntarily by a soldier as part of his or her initial entry into ADAPCP; or admissions made by a soldier enrolled in ADAPCP to a physician or ADAPCP counselor during a scheduled interview concerning drug or alcohol abuse occurring prior to the date of initial referral to ADAPCP.

Army Regulation 635-200, Enlisted Personnel Separations, chapter 9 (Alcohol and Other Drug Abuse Rehabilitation Failure), provides for the separation of soldiers who are enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) because of inability or refusal to participate in, cooperate in, or successfully complete a rehabilitation program.  The service of soldiers discharged under this provision will be characterized as honorable or under honorable conditions.  An honorable discharge is mandated in any case in which the government initially introduces into the final discharge process, limited use evidence as defined in Army Regulation 600-85.  The authority for separation will be shown as “AR 635-200, para 9-6”.  Army Regulation 635-5-1 (Separation Program Designators - SPD) specifies the narrative reason for separation to be entered on the separation document as, “Alcohol Abuse – Rehabilitation Failure”, SPD code JPD.

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 narrative reason for separation on the applicant’s DD Form 214, “Alcohol Abuse – Rehabilitation Failure,” is correct and just according to regulation and considering the circumstances.  There is no authorized narrative reason for separation as, “Inability to Cope with Stress.”

2.  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

__js____  __dh_____  ___rd___  DENY APPLICATION

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

INDEX

CASE ID	AR2001055838	
SUFFIX		
RECON		
DATE BOARDED	20010828	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02 – Reason and Authority	
2.		
3.		
4.		
5.		
6.