ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  4 November 2019

	DOCKET NUMBER:  AR20170011613


APPLICANT REQUESTS:  correction to his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show in item 28 (Narrative Reason for Separation) – a 
change to his narrative reason for separation reason; and in item 14 (Military Education) 
– to add “Basic Leadership Course/Honor Graduate” and the Nuclear, Biological, 
Chemical (NBC) Defense Officer/Noncommissioned Officer (NCO) Course” 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, in effect, he never attended Alcoholics Anonymous (AA), 
Narcotics Anonymous (NA), or any type of rehabilitation program.  He never notice this 
error until now.

3.  A review of the applicant's service record shows:

   a.	The applicant has prior military service.

b.	On 24 May 1979, he reenlisted into the Regular Army.  
   
   c.	He received, accepted, and was found guilty for two non-judicial punishment 
(NJP’s):

o	On 12 December 1981for operating a vehicle while drunk
o	On 6 February 1982 for failure to obey a lawful general regulation, by 
operating a government vehicle, while his government driver’s license was 
revoked 
d.	DA Form 2496 (Disposition Form), dated 31 August 1982, issued by the Alcohol 
and Drug Control Officer, stated in his synopsis of the applicant’s Alcohol and Drug 
Abuse Prevention and Control Program (ADAPCP) Rehabilitation Activity, that “…he 
was evaluated by the physician and enrolled 15 Jan 82.  SM attended individual drug 
and alcohol sessions at CCC.  SM claimed he wanted to stop drinking and smoking[;] 
he continued to drink and unit suspects he continued to smoke.  He blamed former CO 
for making him need to drink, then when he left[,] he placed blame on [his] Platoon 
leader after she wrote recommendation for bar to reenlistment…It appears generally he 
tries to manipulate his environment so he doesn’t have to stop drinking.  Recommend 
SM be cleared for any administrative action deemed appropriate by commander.”
   
   e.	DA Form 4466 (ADAPCP Client Progress Report), dated 10 September 1982, 
reflects the counselor’s assessment of progress upon completion of the applicant’s 
program.  It was noted that he was “not progressing” and the ADAPCP recommended 
“Separation.”
   
   f.	The applicant was notified of initiation of separation proceedings on 
24 September 1982, for alcohol or other drug abuse rehabilitation failure, with a 
recommendation of an honorable discharge.  This document also states, “A consistent 
(sic) failure to show a positive behavioral change after receiving therapy as evidenced 
by the attached ADAPCP Synopsis.”  The applicant acknowledged receipt and 
requested legal counsel and indicated he will submit statements in his behalf for 
consideration.

g.	In a memorandum, subject: Recommendation for Discharge, issued by the 
Department of the Army, dated 13 October 1982, it states, “the member was notified of 
my intention to recommend his discharge from the US Army and reason(s) therefor and 
his right to consult with legal counsel” and provides the following information:

(1)	The applicant was recommended for discharge under the provisions of Army 
Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 9-2 (Alcohol 
or Other Drug Abuse).  

(2)	The service member was determined to be a rehabilitation failure as 
evidenced by the history of his alcohol abuse, which consists of:

o	December 1981: Automobile accident – Alcohol involved
o	March 1982: Article 15 – Driving While Intoxicated
o	August 1982: Family disturbance – Alcohol involved
o	Continual drinking while on the ADAPCP rehabilitation program

h.	His DD Form 20 (Personnel Qualification Record) does not show he attended the 
Basic Leadership Course or the NBC Officer/NCO Course.

i.	His DD Form 214 shows he was discharged on 1 November 1982 under the
provisions of Army Regulation 635-200, alcohol abuse - rehabilitation failure, with his 
service characterized as honorable.  He completed a total of 5 years, 3 months and 6 
days of active service.

4.  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.  

5.  The Board should consider the applicant’s petition and his service record in 
accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  The applicant’s contentions were carefully considered.  The 
applicant's record shows he received one NJP for a DWI and was involved in other 
misconduct, some of which were alcohol related.  He attended ADAPCP and received 
rehabilitative assistance; however, while in ADAPCP, he continued to drink alcohol and 
was declared a rehabilitation failure.  Pursuant to regulatory guidance and based upon 
his reason for separation, the Board agreed that the applicant's narrative reason for 
separation for alcohol abuse – rehabilitation failure was not unjust or in error. 

2.  The Board also noted there was no documentation in the applicant’s records to show 
he completed basic leadership course or that he attended NBC Officer/NCO Course 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.


	  
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  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 
Army Drug and Alcohol Prevention and Control Program (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.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, established 
standardized policy for preparing and distributing the DD Form 214.  The regulation stated 
the DD Form 214 is a summary of a Soldier's most recent period of continuous active 
service.  It provides a brief, clear-cut record of active duty service at the time of release 
from active duty, retirement, or discharge. Item 4 lists all military education received for a 
period of 40 hours or longer. 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170011613

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