IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150008374 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150008374 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. IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150008374 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, in effect, upgrade of her under honorable conditions (general) discharge to an honorable discharge due to medical disability. 2. The applicant states: a. She was discharged for alcoholism, and alcoholism is a disease. She was born into a family of alcoholics and she has battled with the disease for a long time. It has caused her a lot of pain and disappointment in her life. She was unable to quit drinking, missed formations and was disciplined for being absent without leave (AWOL). She received an Article 15 for drinking underage as well. Usually, her AWOL periods resulted from her being stuck somewhere drinking when she couldn't stop. Now, 8 years later, she has finally gotten help and is in remission. b. She currently attends Alcoholics Anonymous meetings and is in a 12-step program, which has been the only satisfactory treatment for her condition. Alcoholism is a tricky disease because it is mental and physical; it is listed in the Diagnostic and Statistical Manual of Mental Disorders as a disease. She is sure she wouldn't have received the disciplinary action that she was given had it not been for her alcoholism. 3. The applicant provides no additional evidence in support of her request. 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 21 June 2006. She entered active duty and completed basic training at Fort Jackson, South Carolina. After completing basic training, she was reassigned to Fort Gordon, Georgia for advanced individual training (AIT) in military occupational specialty 25F (Network Switching Systems Operator – Maintainer). She did not complete her AIT course of instruction. 3. On 22 September 2006, she accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniformed Code of Military Justice (UCMJ), for failure to obey an order (wrongful consumption of alcohol). 4. Her record shows she was formally counseled by members of her chain of command on at least 12 occasions during the period September 2006 through April 2007, for a myriad of disciplinary infractions that included: * drinking under age * drinking out of phase * drunk on duty * simple assault * failure to comply * failure to report to formation * inappropriate behavior (physical contact) * possession of alcohol * AWOL from on or about 13 April through on or about 15 April 2007 and from on or about 19 May through on or about 3 June 2007 5. On 6 April 2007, the Army Substance Abuse Program (ASAP) Counselor at the Dwight David Eisenhower Army Medical Center, Fort Gordon, issued a summary of treatment of rehabilitation failure, wherein she stated: a. The applicant was enrolled in the outpatient counseling program on 5 October 2006 and was given a diagnosis of alcohol dependence. Subsequently, the applicant was required to begin a one-year mandatory treatment program beginning on 4 January 2007. b. She was discharged from the program on 25 January 2007, due to alcohol consumption during enrollment and was considered a treatment failure. The applicant was informed by her command that a Chapter 14 discharge would be initiated. 6. On 19 April 2007, she accepted NJP under the provisions of Article 15 of the UCMJ, for being AWOL from on or about 13 April 2007 through on or about 15 April 2007. 7. On 19 April 2007, the applicant underwent a mental status evaluation for the purposes of administrative separation wherein it was determined: * her behavior was normal * she was fully alert and oriented * her thought process was clear and her thought content was normal * her memory was good * she had no psychiatric disease or defect that warranted disposition through medical channels * she was psychologically cleared for administrative actions and deemed appropriate by command 8. On 18 May 2007, she underwent a separation physical and was found medically qualified for separation. 9. On 26 June 2007, her immediate commander initiated separation actions against her under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, by reason of misconduct – patterns of misconduct and misconduct – commission of a serious offense. The memorandum recommending separation action, dated 26 June 2007, lists repeated failure to report, disobeying orders, drunk on duty, and instances of AWOL. 10. After consulting with counsel, she acknowledged notification of her commander's proposed separation actions and waived the rights available to her. She further acknowledged she had the right to submit statements in her own behalf and to have her case heard by, and personal appearance before, an administrative separation board. She understood she may expect to encounter substantial prejudice in civilian life if her service was characterized as less than honorable. 11. On 26 June 2007, her immediate commander recommended her separation under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct – patterns of misconduct and misconduct – commission of a serious offense. 12. On 9 July 2007, the approval authority approved the recommended discharge under the provisions of Army Regulation 635-200, paragraph 14-12c, and directed she receive an under honorable conditions (general) characterization of service. 13. On 17 July 2007, she was discharged under honorable conditions, under the provisions of Army Regulation 635-200, paragraph 14-12c (1), by reason of misconduct, AWOL. 14. On 25 August 2011 the applicant applied to the Army Discharge Review Board (ADRB) for a change to her reason for discharge and upgrade of her characterization of service 15. On 24 April 2012, the ADRB determined that she was properly and equitably discharged accordingly her request for a change in the character and/or reason of her discharge was denied REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include a pattern of misconduct. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. The unit commander must insure that an appropriate mental status evaluation is obtained for Soldiers recommended for separation under this chapter. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct an under honorable conditions (general) discharge if such a determination is merited by the Soldier’s overall record. Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of the regulation. 2. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. Soldiers who sustain or aggravate physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: a. The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training. b. The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence. DISCUSSION: 1. The applicant's contention that her discharge should be upgraded to an honorable discharge and the narrative reason should be changed to medical reasons, based on alcoholism, was carefully considered. 2. The applicant was not discharged solely based on her alcohol-related problems. Although she may have suffered from alcoholism while in the military, she was discharged due to a pattern of misconduct that was evidenced by twelve counseling statements and NJP for two periods of AWOL. 3. The Army must find that a service member is physically unfit to reasonably perform his or her Soldierly and occupational duties and assign an appropriate disability rating before he or she can be medically retired or separated from active duty. As there were no conditions at the time of her separation that were deemed unfitting or warranted referral to the PDES, there is no justification for either a medical retirement or disability separation from active duty. 4. The evidence of record shows all requirements of law and regulation were met, and she was fully protected throughout the separation process. The type of discharge directed and the reasons were appropriate considering all the facts of the case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008374 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008374 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2