IN THE CASE OF: BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150006296 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his general discharge under honorable conditions to honorable. 2. The applicant states: a. He performed his duties and wore his uniform with pride and he always respected his fellow officers. b. Because of a family crisis, he was forced to take a hardship discharge to take care of his parents and a mentally-ill cousin. c. He knows it has been a while since his discharge, but given his situation he had no other choice. The Army taught him to take care of his responsibilities. He couldn't overlook his family. d. If given the chance, he would have made the Army his home and become a career enlisted Soldier. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. 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. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 24 February 1984 for a period of 3 years. He completed his training and was awarded military occupational specialty 15D (Lance missile crewmember). 3. In December 1984, nonjudicial punishment (NJP) was imposed against him for using marijuana. 4. On 14 January 1985, he was command referred and enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) due to his positive urinalysis for marijuana. 5. On 22 January 1985, NJP was imposed against him for using marijuana. 6. On 31 January 1985, the ADAPCP counselor and the applicant's unit commander determined that further rehabilitation efforts were not practical. 7. On 4 February 1985, discharge proceedings were initiated against him for alcohol or other drug abuse under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 9. The unit commander cited his drug abuse rehabilitation failure. 8. On 6 February 1985, he acknowledged receipt of the letter of notification and that legal counsel would be available to assist him upon request. He elected not to submit a statement in his own behalf. 9. On 8 February 1985, the separation authority approved the recommendation for separation and directed the issuance of a general discharge. 10. On 15 February 1985, he was discharged under honorable conditions for alcohol abuse – rehabilitation failure under the provisions of Army Regulation 635-200, chapter 9. He completed 11 months and 22 days of creditable active service. 11. There is no indication in the available records that the applicant applied to the Army Discharge Review Board for a review of his discharge within its 15-year statute of limitations. 12. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. b. Chapter 9 prescribes 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. DISCUSSION AND CONCLUSIONS: 1. Although the applicant contends he was forced to take a hardship discharge, the evidence shows he was declared an ADAPCP rehabilitation failure. 2. His record of service during his enlistment included two NJPs for marijuana use and his failure to complete ADAPCP. His record of service is insufficiently meritorious to warrant an honorable discharge. 3. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150006296 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006296 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1