MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 November 2001                  
	DOCKET NUMBER:   AR2001061907

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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 be upgraded to an honorable discharge.

APPLICANT STATES:  That he should have received an honorable discharge based on his first period of service.  He contends that he was not offered other alternatives for his “AODA” [alcohol or other drug abuse] issues when he received his general discharge.  He also contends that he was suffering from Post Traumatic Stress Disorder (PTSD) when he was offered a general discharge.  He also states that he served in the Army with honor and is willing to do so again.  The applicant also pointed out that he is the Chaplain of the Jackson Veterans Association in Wisconsin.  

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

The applicant enlisted in the Regular Army on 21 May 1979 for a period of three years.  He completed training as a tactical wire operations specialist, served in Korea from September 1979 through October 1980 and was discharged for immediate reenlistment.  He was later reclassified as a watercraft operator and served in Panama from 1 July 1984 through 17 January 1985.  

While serving in Korea, nonjudicial punishment was imposed against the applicant for wrongfully possessing some amount of marijuana.  

Nonjudicial punishment was imposed against the applicant again on 8 November 1984, for being AWOL from 18 October 1984 to 23 October 1984.

The applicant was admitted to the Gorgas U.S. Army Community Hospital on 25 September 1984, for chronic cocaine abuse.  He was psychiatrically cleared for administrative separation action under the provisions of Army Regulation 635-200, chapter 9-2, because of his inability or refusal to participate in rehabilitative efforts.

On 25 October 1984, the applicant was referred to the 193d Infantry Brigade (Panama) Alcohol and Drug Abuse Prevention and Control Program (ADAPCP).  The ADAPCP counselor found that the applicant had a serious problem with illegal drugs and wanted to be discharged from the service.  The counselor recommended that the applicant be released from the ADAPCP because he did not plan to stop using drugs and should continue his sessions at the Community Hospital.

On 14 December 1984, the applicant’s commander submitted a recommendation to discharge the applicant from the service under the provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug abuse rehabilitation failure.  On the same day, the applicant acknowledged notification of his pending separation, consulted with military counsel, elected not to submit statements in his own behalf and requested treatment in a VA medical center.

In consultation with the ADAPCP rehabilitative team, the applicant’s commander declared him a rehabilitation failure.  He recommended that the applicant be separated from the service.

On 8 January 1985, the separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-200, chapter 9, and directed that the applicant be issued a General Discharge Certificate.

Accordingly, the applicant was discharged on 18 January 1985 under the provisions of Army Regulation 635-200, chapter 9, for drug abuse rehabilitation failure.  He had served 5 years, 7 months and 22 days of total active service and had 6 days lost time due to AWOL. 

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 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.  At the time of the applicant’s separation an honorable or general discharge was authorized.  

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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons for his separation were appropriate considering all the facts of the case.

3.  The Board noted the applicant’s contention that he should have received an honorable discharge for his first period of service from 21 May 1979 through 25 January 1982.  However, the applicant voluntarily elected to extend his enlistment an additional 30 months prior to expiration of his first term of enlistment.  Therefore, he did not complete his first term of enlistment and was not entitled to an honorable discharge for the period 21 May 1979 through 25 January 1982.

4.  The Board noted the applicant’s contention that he suffered from PTSD at the time of his separation.  However, the applicant provided no medical evidence to support this contention.  The Board also noted the applicant consulted with counsel and elected not to submit a statement in his own behalf.

5.  The Board noted the applicant’s post service support to veterans programs, but this post service is not a basis for upgrading his discharge.

6.  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.

7.  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

AAO_____  JTM_____  LE______  DENY APPLICATION

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

INDEX

CASE ID	AR2001061907	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011127	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19850118	
DISCHARGE AUTHORITY	AR635-200,chapter 9	
DISCHARGE REASON	Drug Abuse Rehabilitation Failure	
BOARD DECISION	DENY	
REVIEW AUTHORITY	144.0000	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.