BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150014037 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: 6 October 2016 DOCKET NUMBER: AR20150014037 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: 6 October 2016 DOCKET NUMBER: AR20150014037 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 his under honorable conditions (general) discharge be upgraded to an honorable discharge. 2. The applicant states although he did drink underage, and he was never offered any alcohol rehabilitation assistance. He was feeling depressed and never received any assistance. He reported this during sick call and was basically told to get over it. He has not had any alcohol-related problems since his discharge. Although he was caught drinking underage in the barracks, he was not an alcoholic and did not exhibit any alcohol-related problems nor incidents involving alcohol. He was very young and impressionable. He admits that what he did was wrong; however, this character of service has harmed him beyond one beer as an underage 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 10 April 1992. He completed his initial entry training and was awarded military occupational specialty 43E (Parachute Rigger). 3. On 8 April 1993, he accepted non-judicial punishment (NJP), under the provisions of Article 15 of the Uniformed Code of Military Justice (UCMJ), for failing to obey an order (wrongful consumption of alcohol under the age of 21). 4. On 25 June 1993, the applicant underwent a mental status evaluation for the purposes of administrative separation, wherein it was determined: * his behavior was normal * he was fully alert and oriented * he was slightly anxious * his thought process was clear and his thought content was normal * his memory was good * he had no psychiatric illnesses other than alcohol abuse * he was psychologically cleared for administrative actions and deemed appropriate by command * he was recommended for referral to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) 5. On 3 August 1993, the applicant was enrolled in ADAPCP. 6. He was formally counseled by members of his chain of command on at least four occasions during the period 22 August through 24 September 1993 for a myriad of alcohol-related disciplinary infractions. 7. On 4 October 1993, his immediate commander declared him a rehabilitative failure in the ADAPCP for underage drinking, not following his treatment plan, and drinking and driving. 8. On 6 October 1993, his immediate commander initiated separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 9, for alcohol abuse rehabilitation failure. 9. After consulting with counsel, he acknowledged notification of his commander's proposed separation actions. He further acknowledged he had the right to submit statements in his own behalf. He also understood the proposed separation could result in a general discharge. 10. On 6 October 1993, his immediate commander recommended his separation under the provisions of Army Regulation 635-200, paragraph 9-2, by reason of alcohol abuse rehabilitation failure, specifically for drinking while in the program and not following his treatment plan. 11. On 13 October 1993, the separation authority approved the recommendation for separation and directed the issuance of an under honorable conditions (general) discharge. 12. On 21 October 1993, he was discharged under honorable conditions, under the provisions of Army Regulation 635-200, chapter 9, by reason of alcohol rehabilitation failure. 13. 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. REFERENCES: 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 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. 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. DISCUSSION: 1. The evidence of record shows the applicant was enrolled in the ADAPCP; however, his record shows he received numerous counseling statements related to alcohol while in the program. Once he had been placed in the ADAPCP, he was obligated to meet the program requirements. 2. The applicant was determined to be a rehabilitation failure, which constituted a failure on his part to meet the standards of acceptable conduct and performance of duty for Army personnel. Consequently, he was discharged under the provisions of Army Regulation 635-200, chapter 9. 3. All requirements of law and regulation were met and his rights were fully protected throughout the separation process. The type of discharge directed and the reasons for his discharge 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) AR20150014037 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014037 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2