IN THE CASE OF:  

BOARD DATE:  24 September 2019

DOCKET NUMBER:  AR20190009196


APPLICANT REQUESTS:   The applicant requests his under honorable conditions 
(general) discharge be upgraded to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for Review of Discharge)
*	DD Form 214  (Certification Release of Discharge)

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 requests and upgrade to his discharge because, although his 
discharge led him to a steady path and he has been employed for close to 28 years and 
has raised a family, things change.  He feels he was immature at the time of his 
discharge.  He is 52 years old and he has regretted the situation his entire life.  

3.  On 12 July 1984, at the age of 17, he enlisted in the Army Reserve (USAR) for a 
period of 8 years.  He subsequently was discharged on the USAR and enlisted in the 
Regular Army (RA) on 16 January 1985 on a 4 year contract.  He completed both Basic 
(BCT) and Advanced Individual Training (AIT), and was awarded the military 
occupational specialty (MOS) 19E (Tank Crewman).  

4.  He reenlisted on 9 January 1989 for 4 years.  The highest rank he achieved was 
Specialist/E4 (SPC) on 1 January 1989.  His record shows he completed training and 
was assigned to Korea with a follow on assignment to Fort Polk Louisiana.  While 
assigned to Fort Polk, the applicant had 4 infractions of misconduct:

*	On 3 October 1986 for being Absent Without Leave (AWOL); 1-3 October 1986
*	Two Letters of Reprimand (LOR) for Driving Under the Influence (DUI) on 29 
October 1986 and 14 August 1987
*	Article 15 for wrongful use of a controlled substance—cocaine between 
10-17 January 1989

5.  On 3 March 1989, the applicant’s immediate commander notified him that he was 
being recommended for separation in accordance with AR 635-200, Chapter 14 for 
pattern of misconduct for drug abuse.  The applicant acknowledged the command’s 
intent to discharge him, acknowledged his available rights and spoke with legal counsel.  
He was advised his available rights and the basis for discharge under the provision of 
Army Regulation 635-200, chapter 14.  He acknowledged he could be ineligible for 
many or all Army and/or Veterans Affairs Benefits and did not submit statements in his 
own behalf.

       a. The commanders submitted the recommendation for separation and indicates a 
physical examination was not applicable (NA) and mental status evaluation was 
completed on 3 March 1989.  The mental status evaluation psychologically cleared the 
applicant for administrative actions deemed appropriate by the command.

        b.  Neither the available evidence nor the commanders recommendation show 
whether the applicant was voluntarily or involuntarily referred to Alcohol and Drug 
Abuse Prevention and Control Program at any time during his career for abuse of 
alcohol or drugs or received the required ADAPCP initial screening or medical 
evaluation.

6.  On 8 March 1989, the appropriate separation authority approved the separation 
issuing the applicant and under honorable conditions (general) discharge and waived 
rehabilitation according to AR 635-200 Para 1-18.

7.  On 21 March 1989, he was discharged accordingly, his service was characterized as 
Under Honorable Conditions (general) for misconduct.  His DD 214 shows he 
completed 4 years, 2 months and 6 days of net active service to include 1 year of 
Foreign Service and was awarded or authorized:

*	Army Service Ribbon
*	Overseas Service Ribbon

8.  AR 635-200 separates members who demonstrate or display patterns of misconduct, 
as evidenced by his multiple instances of misconduct and illegal drug abuse.    
Commanders will insure that adequate counseling and rehabilitative measures have 
been taken before initiating action to separate a member. Waiving rehabilitation applies 
when it would not be in the best interest of the Army as it would not product a quality 
Soldier.  When a commander determines that a Soldier who has never been enrolled in 
Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) lacks the potential 
for further useful service the Soldier will be screened according to AR 600-85.  If found 
non-dependent, the Soldier will not be rehabilitated but will be considered for separation 
under other appropriate provisions of AR 635-200.  

9.   AR 600-85 states, in pertinent part, the commander will interview all soldiers 
suspected of or identified for drug or alcohol abuse and refer the Soldier to ADAPCP for 
initial screening.  An initial screening is conducted referred or voluntarily seek treatment in 
the program.  Medical evaluation of illegal drug abusers is required following ADAPCP 
screening except for individuals who test positive for THC.  A medical evaluation is also 
required in cases of suspected alcohol dependency, and in all cases prior to entry into in-
patient treatment.  The commander, supervisor, clinical director, counselor or Soldier may 
request a medical evaluation by a physician at any time to determine the extent of alcohol 
or other drug abuse by soldier.  Medical evaluation determine whether serious medical 
illness is indicated because of alcohol or drug abuse.  

9.  His records shows his misconduct started when he was 19 years old He was AWOL 
for 3 days, received 2 LORs for DUIs and an Article 15 for wrongful possession of a 
controlled substance, cocaine.  As a result, the immediate commander initiated his 
separation.  His records are absent of any information on whether he received the 
required command referral for ADAPCP initial screening and medical evaluation.

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



BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the record 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, the absence of evidence of a 
referral to ADAPCP and the reason for his separation.  The Board found insufficient 
evidence of in-service mitigation to overcome the misconduct and the applicant 
provided no evidence in addition to his statement showing post-service achievements or 
letters of reference in support of a clemency determination.  Based on 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

:XXX	:XXX	:XXX	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, U.S. Code, 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.  AR 600-85 (Alcohol and Drug Abuse Prevention and Control Program) states 
Command identification occurs when a commander observes, suspects or otherwise 
becomes aware of an individual adversely affected by alcohol or other drugs. Once 
identified the Soldier will be interviewed by the unit commander or designated 
representative, and if appropriate, referred to ADAPCP for initial screening.  

      a.  When an individual is identified voluntarily or involuntarily the unit commander 
will: 

*	Advise them of their rights
*	Explain the provisions of limited use
*	Interview and inform them of the evidence 
*	Give them the opportunity to provide additional evidence, including information of 
drug sources
*	Collect any illegal drugs or drug paraphernalia the soldier voluntarily relinquishes 
and turn over to the provost marshal 

      b.  The command will refer all individuals suspected/identified to ADAPCP.  Medical 
evaluation is required unless a urinalysis is positive for THC alone.  Soldiers with blood 
alcohol levels of .05 percent or above while on duty will be to the ADAPCP for screening 
and evaluation. Individual referred by the commander for an initial screening or interview, 
regarding less of the means of identification, will be referred with a DA Form 2496 
(Disposition Form).  

      c.  An initial screening is conducted referred or voluntarily seek treatment in the 
program.  The initial screening will take place by an ADAPCP staff member within four 
days of referral.  The counselor will inform the soldier of the limited use policy to the 
disclosure of past drug use or possession of drugs incidental to personal use.  If referred 
for medical evaluation, a DA Form 4465 (ADAPCP Client Intake Record (CIR)) and the 
ADAPCP Military Client Referral and Screening Record provided will be provided to the 
evaluating physician.  Any other comments or recommendations made to the physician will 
be recorded on a SF 600 (Health Record) and accompany the CIR, ADAPCP referral and 
screening record.  

      d.  Medical evaluation of illegal drug abusers is required following ADAPCP screening 
except for individuals who test positive for THC.  A medical evaluation is also required in 
cases of suspected alcohol dependency, and in all cases prior to entry into in-patient 
treatment.  The commander, supervisor, clinical director, counselor or Soldier may request 
a medical evaluation by a physician at any time to determine the extent of alcohol or other 
drug abuse by soldier.  Medical evaluation determine whether serious medical illness is 
indicated because of alcohol or drug abuse.  
 
3.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  
    
      a.  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.  A general discharge is a separation from the Army under honorable 
conditions.  When authorized, it is issued to a Soldier whose military record is 
satisfactory but not sufficiently meritorious to warrant an honorable discharge.  
 
     c.  Chapter 9 notes that when a commander determines that a Soldier who has 
never been enrolled in Alcohol and Drug Abuse Prevention and Control Program 
(ADAPCP) lacks the potential for further useful service the Soldier will be screened 
according to AR 600-85.  If found non-dependent, the Soldier will not be rehabilitated 
but will be considered for separation under other appropriate provisions of AR 635-200.  

     d.  Chapter 14 establishes policy and prescribes procedures for separating members 
for misconduct.  Action will be taken to separate a member for misconduct when it is 
clearly established that rehabilitation is impracticable or is unlikely to succeed.  A 
UOTHC discharge is normally appropriate for a Soldier discharged under this chapter; 
however, the separation authority may direct a general discharge if such is merited by 
the Soldier’s overall record.  Only a general court-martial convening authority may 
approve an honorable discharge or delegate approval authority for an honorable 
discharge under this provision of regulation.  Paragraph 14-12c provides for the 
separation when there is a pattern of misconduct involving acts of drug abuse 
 
     e.  Paragraph 1-18 waives the rehabilitation transfer because it would not be in the 
best interest of the Army as it would not product a quality Soldier
 
4.  The Under Secretary of Defense for Personnel and Readiness issued guidance to 
Military Discharge Review Boards and Boards for Correction of Military/Naval Records 
on 25 July 2018, regarding equity, injustice, or clemency determinations.  Clemency 
generally refers to relief specifically granted from a criminal sentence.  Boards for 
Correction of Military/Naval Records 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 a discharge, 
which may be warranted on equity or relief from injustice grounds.  
      
       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, Boards 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)	 AR20190009196


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20190009196


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ABCMR Record of Proceedings (cont)	AR20190009196


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