BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010417 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 BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010417 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. BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010417 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 a change of his reason and authority for separation. 2. The applicant states: a. he volunteered to go into the Army and he did the best he could; b. it has been 30 years since his discharge and he has been fine; c. he is close to losing his house and he has a chance to get a good job; and d. his DD Form 214 (Certificate of Release or Discharge from Active Duty) would look much better if his reason for discharge is changed because the character of his service is honorable. 3. The applicant provides congressional correspondence and a copy of his DD Form 214. 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 January 1986. He completed training as a combat signaler. 3. The applicant was counseled on 21 August 1987 for being absent from accountability formation because of being taken to the hospital for attempting to consume a glass of lit 151 proof alcoholic beverage, which resulted in him receiving burns around the mouth, throat and lungs. 4. On 25 August 1987, the applicant's commander was notified by an official at the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) that he (the applicant) was enrolled in the Fort Drum Alcohol and Drug Program on 20 November 1986. He was a command referral and was enrolled in Track II for alcohol primarily, although drug use was also evident. He completed 12 hours of education/awareness classes and then he was to attend weekly counseling sessions, abstain from the use of alcohol and drugs, and attend Alcoholics Anonymous/Narcotics Anonymous meetings at least once a week. The ADAPCP official stated: a. his attitude in counseling was one of non-commitment; b. he excused his thinking, felt he had it under control, did not attend alcoholics anonymous meetings and his attendance at the weekly group counseling was sporadic; and c. he was involved in an alcohol-related incident on 23 August 1987. 5. The ADAPCP official stated that due to the applicant's lack of willingness to address his alcohol problem and deal with it properly, it was recommended that he be considered for discharge under the provisions of Army Regulation 635-200(Personnel Separations Enlisted Personnel), chapter 9, for alcohol abuse- rehabilitation failure. 6. On 3 September 1987, the applicant was counseled for reporting to accountability formation drunk. 7. On 10 September 1987, he accepted nonjudicial punishment (NJP) for being drunk while on duty in company formation. 8. On 15 September 1987, he was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 9. His commander cited rehabilitation failure as the basis for his recommendation. He acknowledged receipt of the notification and he elected to submit a statement in his own behalf. In his statement, he accepted responsibility for his drinking problems. He stated that he would sometimes get frustrated and that drinking alcohol and doing drugs were outlets for him at times. 9. On 23 September 1987, the applicant was counseled for drinking alcoholic beverages knowing that he did not meet the age by law. 10. The appropriate authority approved the recommendation for discharge and directed the issuance of an honorable discharge. On 15 October 1987, he was honorably discharged under the provisions of Army Regulation 635-200, chapter 9, for alcohol abuse – rehabilitation failure. He completed 1 year, 8 months, and 25 days of net active service this period. REFERENCES: 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 Soldiers because of alcohol or other drug abuse. A member who has been referred to the 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. Nothing in this chapter prevents separation of a Soldier who has been referred to such a program under any other provisions of this regulation. Initiation of separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation failures. The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required. However, an honorable discharge is required if restricted-use information was used. (NOTE: The current regulation still mentions ADAPCP; however, the program name changed a number of years ago to ASAP (Alcohol and Substance Abuse Program)). DISCUSSION: 1. The applicant's contentions are noted. However, they are not sufficiently mitigating to warrant the request relief. 2. The available records show he was honorably discharged as a result of alcohol abuse – rehabilitation failure. The reason and authority for separation currently shown on his DD Form 214 properly coincides with the information contained in his official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010417 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010417 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2