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ARMY | BCMR | CY2002 | 2002081370C070215
Original file (2002081370C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 April 2003
         DOCKET NUMBER: AR2002081370

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Thomas Lanyi Member
Mr. Bernard P. Ingold Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his narrative reason for separation be changed.

APPLICANT STATES: In effect, that he was honorably discharged from the Army in 1985 for alcohol abuse rehabilitation failure. He contends that during the past 13 years he has worked hard to stay sober and that he has provided a decent and better life for himself and his family. He requests that his narrative reason for separation be changed based on the changes he has made in his life and his honorable service in the Army. In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted on 22 December 1972 and served as an administrative specialist and field artillery firefinder radar operator. On 13 September 1985, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 9, for alcohol abuse - rehabilitation failure.

Item 28 (Narrative Reason for Separation) on the applicant's DD Form 214 shows the entry “ALCOHOL ABUSE - REHABILITATION FAILURE.”

Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry "AR 635-200 CHAP 9" [Army Regulation 635-200 Chapter 9].

Item 26 (Separation Code) on the applicant’s DD Form 214 shows the entry “JPD.” Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time, states the reason for discharge based on separation code “JPD” is “Alcohol abuse - rehabilitation failure” and the regulatory authority is Army Regulation 635-200, chapter 9.

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 individuals because of alcohol or other drug abuse. A member who has been referred to Alcohol and Drug Abuse 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. At the time of the applicant’s separation an honorable or general discharge was authorized. However, an honorable discharge was required if restricted use information was used.

Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board considered the applicant's request that his narrative reason for separation be changed based on the changes he has made in his life and his honorable service in the Army. However, the governing regulation in effect at the time states that the reason for discharge based on separation code "JPD" is "Alcohol abuse - rehabilitation failure" and the regulatory authority is Army Regulation 635-200, chapter 9.

2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

JNS____ TL______ BPI_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002081370
SUFFIX
RECON
DATE BOARDED 20030429
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 110.0200
2.
3.
4.
5.
6.


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