Short Answer
Yes,
Discussion
I can go into a long discussion of the issue, however I do not believe that will assist you. The Bottom line is that the Army can separate you for this conduct.
If the issues were not severe and you have stopped drinking then you may have a fighting chance at staying in the Army. Unfortunately you will probably have to get an Attorney involved. One with prior JAG experience would be best. They typically can give you a consultation for $50-$150.00. This is money well spent in my professional opinion.
For this price you can determine if you have a fighting chance. If you cannot find such an attorney in your area I would recommend Phil Cave. His email is: mljucmj@court-martial.com
I have recommended him in the past and he has done some high profile cases. If you want to stay in you are going to have to fight and you need to know up front if you have a fighting chance. In today’s Army they are looking to remove Soldiers that are having problems with discipline so they can reduce the force. So if you believe that the separation action is not fair then you need to be prepared to fight it.
If you are punished downtown in court you cannot be punished by the military. However you could receive a General Letter of Reprimand, be separated from service, have your security clearance revoked, and numerous other actions as these are considered administrative action and are not punishment.
Course(s) of Action to Consider
The only action I can think of is to discuss the issue with your military attorney and argue that the backdated counseling was not timely and that it does not contain an assessment conducted in a reasonable time frame their for it cannot be used to as part of your separation packet.
Unfortunately the removal of the counseling statement does not prevent your separation from service. SEEK Guidance from JAG and potentially a civilian attorney.
