IN THE CASE OF:  

BOARD DATE:  16 July 2019

DOCKET NUMBER:  AR20190001977


APPLICANT REQUESTS:  The applicant requests an upgrade of his general, under 
honorable conditions discharge.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 293 (Application for the Review of Discharge)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 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 he would like a discharge upgrade due to being wrongly 
accused of being an alcoholic.  He was forced out of the Army early and he did not want 
to leave the military.  He was forced out of the military due to these accusations.

3.  On 15 August 1986, he enlisted in the Regular Army for a period of 3 years.  

4.  His service record contained counseling statements that show he was counseled for:

*	missing accountability formation
*	the effects of drugs and alcohol on his duty performance
*	drinking alcohol while attending alcohol rehabilitation
*	missing rehabilitation group sessions
*	being a rehabilitation failure
*	being considered for possible elimination from the Army under the provisions 
of chapter 9 (Alcohol/Drug abuse rehabilitation failure)

5.  On 9 November 1988, the Clinical Director of the 2nd Infantry Division, stated that 
the applicant was presently resisting all attempts at rehabilitation by not actively 
participating in his own rehabilitation program.  A part of the applicant's rehabilitation 
plan was for him to abstain from using alcohol/mind or mood altering drugs.  His 
commander reported that the Soldier continued to drink in-spite-of rehabilitative 
assistance from the command and Alcohol and Drug Abuse Prevention and Control 
Program (ADAPCP) staff.  The applicant was presently enrolled into the ADAPCP, as a 
Track II client.

6.  In November 1988, the Director of the Casey Counseling Center indicated that the 
applicant failed to attend multiple ADAPCP appointments.    

7.  On 27 November 1988, the applicant was notified he was being recommended for 
discharge under the provisions of Army Regulation 635-200 (Personnel Separations – 
Enlisted Personnel), chapter 9, for rehabilitation failure.  His commander cited the 
specific reasons for his discharge as his failure to comply with the drug and alcohol 
program standards, and recommended the applicant receive an honorable character of 
service.  The applicant acknowledged receipt of the notification and, after consulting 
with counsel, he indicated he would submit a statement in his own behalf.  The 
statement is not available.

	a.  He was advised of his rights and medically cleared for administrative separation.

	b.  The appropriate authority approved the recommendation for discharge and 
directed the applicant receive a general, under honorable conditions character of 
service.  Rehabilitative transfer requirements were waived.  

8.  On 4 January 1989, the applicant was discharged due to rehabilitation failure under 
the provisions of Army Regulation 635-200, chapter 9.  He completed 2 years, 4 
months, and 20 days of net active service.  He was given a general, under honorable 
conditions character of service.  Item 28 (Narrative Reason) of his DD Form 214 shows 
the entry:  "alcohol abuse – rehabilitation failure."  The applicant was awarded two Army 
Achievement Medals.  

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel, it provides:    

	a.  Chapter 9 is applicable to 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.

	b.  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.   

10.  In reaching its determination, the Board should consider the applicant's petition, 
service record, and statements in light of the published Department of Defense 
guidance on equity, injustice, or clemency.


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for consideration of discharge 
upgrade requests.  The Board considered the applicant’s statement, his record of 
service, the frequency and nature of his misconduct, his enrollment and subsequent 
removal from ADAPCP, the reason for his separation and whether to apply clemency.  
The Board found insufficient evidence of in-service mitigating circumstances to support 
an upgrade and the applicant provided no evidence of post-service achievements or 
letters of reference in support of a clemency determination.  Based upon a 
preponderance of evidence, the Board determined that the character of service the 
applicant received upon separation was not in error or unjust. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.  





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.


ADMINISTRATIVE NOTE(S):

Not Applicable




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 Army Board for Correction of Military Records 
(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.   

	a.  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.

	b.  This regulation 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.   

3.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and Boards for Correction of 
Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency 
determinations.  Clemency generally refers to relief specifically granted from a criminal 
sentence.  BCM/NRs may grant clemency regardless of the type of court-martial.  
However, the guidance applies to more than clemency from a sentencing in a court-
martial; it also applies to other corrections, including changes in a discharge, which may 
be warranted based on equity or relief from injustice.  
     
	a.  This guidance does not mandate relief, but rather provides standards and 
principles to guide Boards in application of their equitable relief authority.  In 
determining whether to grant relief on the basis of equity, injustice, or clemency 
grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, 
sworn testimony, policy changes, relative severity of misconduct, mental and behavioral 
health conditions, official governmental acknowledgement that a relevant error or 
injustice was committed, and uniformity of punishment.  

     b.  Changes to the narrative reason for discharge and/or an upgraded character of 
service granted solely on equity, injustice, or clemency grounds normally should not 
result in separation pay, retroactive promotions, and payment of past medical expenses 
or similar benefits that might have been received if the original discharge had been for 
the revised reason or had the upgraded service characterization.  
ABCMR Record of Proceedings (cont)	 AR20190001977


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20190001977
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ABCMR Record of Proceedings (cont)	AR20190001977


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