IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160004269 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: 10 October 2017 DOCKET NUMBER: AR20160004269 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: 10 October 2017 DOCKET NUMBER: AR20160004269 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 he was not afforded proper treatment for his alcoholism. He realized he had a problem and sought treatment. One week into his treatment, he was sent to the field for training. He was uncomfortable with this idea because he knew he still needed help overcoming his affliction, but he did as ordered. Upon his return from training, he fell back in with the wrong crowd and went out drinking. He was seen by noncommissioned officers and was given punishment instead of the help he needed at the time. He knows his noncommissioned officers would have assisted him better than they did because the colonel's driver had the same problem, but the colonel's driver was sent to rehabilitation, while he was administratively separated from the Army. 3. The applicant provides: * self-authored letter, dated 2 February 2016 * character-reference letter * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 1 December 1988 for a period of 4 years. 3. On 12 August 1989, he was referred to the Community Counseling Center for an alcohol-related incident of drunk and disorderly conduct. In November 1989, he was enrolled in Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) group therapy. 4. On 5 October 1989, nonjudicial punishment (NJP) was imposed against him for resisting apprehension and drunk and disorderly conduct. 5. Between 12 September 1989 and 3 January 1990, he was counseled in writing for: * being drunk and disorderly * his drinking problem and behavior * being absent from his appointed place of restriction * being absent from formation 6. On 30 January 1990, NJP was imposed against him for using disrespectful language and deportment toward and striking a noncommissioned officer. 7. He was discharged from the Community Counseling Center on 10 October 1990. He was reenrolled on 25 October 1990 as a result of an alcohol-related incident. 8. On 11 December 1990, NJP was imposed against him for being drunk and disorderly. 9. On 5 March 1991, he underwent a mental status evaluation. The examining psychiatrist determined he had the mental capacity to understand and participate in the discharge proceedings. He remarked the applicant had alcohol-related misconduct. 10. On 12 March 1991, he was declared an ADAPCP rehabilitation failure. 11. On 8 April 1991, 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 alcohol abuse rehabilitation failure as the reason for the proposed action. 12. On 8 April 1991, he consulted with counsel and acknowledged that he might encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued. He also elected not to submit a statement in his own behalf. 13. On 9 April 1991, the separation authority approved the recommendation for separation and directed the issuance of a General Discharge Certificate. 14. On 12 April 1991, he was discharged under honorable conditions for alcohol abuse – rehabilitation failure under the provisions of Army Regulation 635-200, chapter 9. He completed 2 years, 4 months, and 12 days of creditable active service. 15. There is no evidence showing he applied to the Army Discharge Review Board for a review of his discharge within its 15-year statute of limitations. 16. He provided a character-reference letter from a friend, dated 1 February 2016, stating she met the applicant in a sculpture class in New Mexico. He has been a positive role model and contributes greatly to society. He has maintained his sobriety for 19 years. His artwork was recently awarded a second place ribbon at the largest and most prestigious intertribal fine art market in the world. He is a positive force and leads by example. His conviction to sobriety, family, community, art, and life is strong and as a result rubs off on others. She has personally been one of those people affected positively by his caring, kind, helpful, and compassionate personality. 17. He also provided a self-authored letter, dated 2 February 2016, stating: a. He wants his general discharge upgraded to he can receive veterans' benefits. b. He was released from the Army on 12 April 1991. At the time he was an alcoholic and didn't know what alcoholism was. He was young and had no clue. He received some treatment, but really wasn't given a chance to really detoxify his mind and body. He was given a pill for a week called Antabuse; he had no clue why he took the drug. c. Later in life he realized the pill was supposed to make him sick when he drank. After a week of taking the pill, he was sent into the field and placed on guard duty for a month. When he was sent back to his unit, he was told his unit would be deployed to Kuwait. His unit held a party before deploying to Kuwait and he relapsed. He didn't get into trouble, but his sergeant saw him drink a beer. A month later his sergeant called him into his office and told him he would be released from the Army with a general discharge. d. He does not agree with the way his unit dealt with his alcoholism and he should have received a proper detoxification for a month. Most Soldiers were sent to Germany for a month for their drinking problems and given support after coming back to the unit. He did not mind serving his country and he is proud of serving, but he feels his unit did not do enough to help him recover from alcoholism. e. He has 19 years of sobriety, he tries his best to contribute to society, and he attends Alcoholics Anonymous meetings regularly. He realizes alcoholism is a sickness like cancer. REFERENCES: 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: 1. The applicant requests a discharge upgrade based on his alcohol abuse problem and lack of sufficient rehabilitative treatment during his period of service. 2. The character-reference letter submitted on his behalf speaks to his continued post-service sobriety and personal achievements in American Indian arts.[LP1] His conviction to sobriety and contributions to society are highly commendable. 3. Although he contends he was not afforded proper treatment for his alcoholism, the evidence shows he was enrolled in the ADAPCP in November 1989 and he was reenrolled in the ADAPCP on 25 October 1990. He was ultimately discharged for rehabilitation failure. 4. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. He had an opportunity to submit a statement wherein he could have voiced his concerns; however, he elected not to do so. 5. His record of service during his enlistment included adverse counseling statements, three NJPs, and his failure to complete ADAPCP. 6. Any questions he may have regarding eligibility for veterans' benefits should be directed to the Department of Veterans Affairs. //NOTHING FOLLOWS// [LP1]Probably not as objective in tone as we'd like… ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004269 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004269 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2