ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  18 July 2019

	DOCKET NUMBER:  AR20190006980


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

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 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 was discharged as an alcohol rehabilitation failure.  He has 
been out of the military for over 30 years and has had no alcohol related problems.  He 
has not had any issues with alcohol period.  Since he left the Army, he has been clean 
and sober and would like to have his record corrected since he was only given one 
chance at rehabilitation in the service.  The medical records of most alcoholics when 
they are trying to get clean has shown that they have one or two relapses.  The 
discharge was an incentive to realize that he needed to stop drinking.  He thinks the 
facts speak for themselves.  He has been a good citizen for over 30 years.  It would be 
nice to have a clean military discharge as well.

3.  On 9 August 1982, at the age of 19 years old, the applicant enlisted in the Regular 
Army for a term of 4 years.  On 9 June 1986, he was honorably discharged for 
immediate reenlistment.  On 10 June 1986, he reenlisted for a term of 3 years.

4.  On 23 December 1986, the applicant was enrolled in Track II of the alcohol and drug 
abuse control program (ADAPCP) resulting from military police identification (driving 
under the influence) of alcohol abuse.

5.  On 27 January 1987, he accepted nonjudicial punishment (NJP) for: 

*	failing to obey a general regulation by wrongfully operating a government-owned 
vehicle without possessing a valid government motor vehicle operator’s 
identification card
*	operating a M880 pick-up truck while drunk
*	wrongfully appropriating a M880 pick-up truck

6.  On 30 January 1987, his immediate commander requested to the Officer of the 
Judge Advocate General that the applicant be issued a letter of reprimand (LOR) by the 
commanding general for driving while intoxicated (DWI).  On 7 February 1987, the 
applicant was issued a letter of reprimand for driving while intoxicated.  He 
acknowledged receipt and elected not to submit a statement in his own behalf.  The 
commander decided to file the LOR in the applicant’s official military personnel file 
(OMPF).

7.  By memorandum from Commander, Headquarters, 7th Combat Support Hospital, 
Germany, the commander stated, in pertinent part, the command fully supported the 
applicant’s hospitalization and participation in the residential treatment facility.  Upon 
successful completion of the program, he will resume his duties as an X-Ray Technician 
(military occupational specialty (MOS) 91P).  On 6 February 1987, his treatment was 
upgraded to Track III and he was entered in the residential treatment.  On 20 March 
1987, he was released and returned to the ADAPCP facility for treatment.  His progress 
was admirable during the first 45 days; however, subsequent unit and self-reports 
revealed he was continuing to abuse alcohol.  The alcohol and drug control officer 
concluded that the applicant’s potential for rehabilitation was poor.

8.  On 15 June 1987, the applicant was counseled by his noncommissioned officer for 
being in his room drunk, naked, and had urinated in his bed. 

9.  On 17 July 1987, the applicant’s immediate commander notified the applicant that he 
was initiating separation actions against him under the provisions of Army Regulation 
(AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 9, alcohol or other 
drug abuse rehabilitation failure, paragraphs 9-2a and 9-2a(1).  

10.  The applicant acknowledged he had been notified of the pending separation action, 
advised by his consulting counsel of the basis for the contemplated action against him, 
and elected not to submit a statement in his own behalf.  

11.  On 21 August 1987, the appropriate commander approved the separation and 
directed he be issued a General Discharge Certificate.  

12.  On 25 September 1987, he was discharged accordingly.  His service was 
characterized as under honorable conditions under AR 635-200, Chapter 9, alcohol 
abuse-rehabilitation failure.  He completed 5 years, 1 month, and 17 days of net active 
service this period, with 1 year, 3 months, and 16 days of active service since his 
reenlistment.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) 
shows he was awarded or authorized:

*	Army Good Conduct Medal
*	Army Achievement Medal
*	Army Service Ribbon
*	M-16 Rifle Marksman Marksmanship Qualification Badge
*	Hand Grenade Sharpshooter Marksman Marksmanship Qualification Badge

13.  The applicant states he was discharged as an alcohol rehabilitation failure.  He has 
been out of the military for over 30 years and has had no alcohol related problems.  His 
record shows he enlisted at the age of 19 years old and he was enrolled in Track I and 
Track II alcohol and drug abuse program prior to the alcohol and drug control officer 
concluding that the applicant’s potential for rehabilitation was poor.  He served 15 
months and 16 days of his 36 months contractual obligation (reenlistment).

14.  AR 635-200 (Personnel Separations- Enlisted Personnel), Chapter 9, Alcohol or 
Other Drug Abuse Rehabilitation Failure, provided the authority and outlined the 
procedures for discharging enlisted personnel based on alcohol or other drug(s) abuse 
failure.  Paragraph 9-2a and subparagraph 9-2a(1), provided a member who is enrolled 
in 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 when there is a 
lack of potential for continued Army service and rehabilitation efforts are no longer 
practical.  An honorable or under honorable conditions discharge were appropriate for 
chapter 9.
15.  In reaching its determination, the Board can consider the applicant's petition and his 
service record in light of the published DOD 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 the behaviors that led to his separation, his 
enrollment in treatment programs and whether clemency or liberal consideration should 
apply.  The Board found an absence of mitigating factors in the record and the applicant 
provided no post-service achievements or letters of reference in support of a clemency 
determination.  Based on the preponderance of evidence, the Board determined that the 
character of service he received at separation was not in error or unjust. The Board 
concurred with the administrative corrections stated below.

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:
With the exception of the corrections stated in the Administrative Note(s) below, 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):

A review of the applicant’s record shows his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for period ending 25 September 1987, is missing important 
entries that affect his eligibility for post-service benefits.  As a result, amend the DD 
Form 214 by adding to item 18 (Remarks):

*	"SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE"
*	"CONTINUOUS HONORABLE ACTIVE SERVICE FROM 820809 UNTIL 
890609"




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 (AR) 635-200 (Personnel Separations- Enlisted Personnel), in 
effect at the time, provided the authority for separation of enlisted personnel.  Chapter 
9, Alcohol or Other Drug Abuse Rehabilitation Failure, provided the authority and 
outlined the procedures for discharging enlisted personnel based on alcohol or other 
drug(s) abuse failure.  An honorable or under honorable conditions discharge were 
appropriate for chapter 9.  

   a.  An honorable discharge was a separation with honor and entitled the recipient to 
benefits provided by law.  An 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.  Paragraph 9-2a, provided a Soldier who is enrolled in 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.  Subparagraph 9-2a(1), 
provided a Soldier may be separated, in accordance with the above, when there is a 
lack of potential for continued Army service and rehabilitation efforts are no longer 
practical.  

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 regarding equity, injustice or clemency determinations. 
Clemency generally refers to relief specifically granted from a criminal sentence and 
BCMRs may grant clemency regardless of the court-martial forum.  However, the 
guidance applies to more than clemency from a sentencing in a court-martial; it also 
applies to any other corrections, including changes in discharge, which may be 
warranted on equity or relief from injustice grounds.  The 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, an 
injustice, or clemency grounds, BCMRs shall consider the twelve stated principles in the 
guidance as well as eighteen individual factors related to the applicant.

ABCMR Record of Proceedings (cont)	 AR20190006980

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