Mr. Carl W. S. Chun | Director | |
Ms. Wanda L. Waller | Analyst |
Mr. John N. Slone | Chairperson | |
Mr. Thomas Lanyi | Member | |
Mr. Bernard P. Ingold | Member |
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
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. |
ARMY | BCMR | CY2006 | 20060006649C070205
The applicant requests that item 26 (Separation Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show separation code “JPD” instead of “JPC.” 2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be...
ARMY | BCMR | CY2007 | 20070017194
The applicant states, in effect, that he was discharged from the Army for alcohol rehabilitation failure. The regulation shows that the separation program designator (SPD) "JPD", as shown on the applicants DD Form 214, specifies the narrative reason for discharge as "Alcohol Rehabilitation Failure" and that the authority for discharge under this SPD is "Army Regulation 635-200, chapter 9." The evidence shows that the applicant was discharged under the provisions of Army Regulation...
ARMY | DRB | CY2013 | AR20130015676
The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable, a change to the reentry eligibility (RE) code and to the narrative reason for the discharge. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. However, Army Regulation 635-5-1 (Separation Program Designator...
ARMY | BCMR | CY2006 | 20060017820
Powers Member Mr. Edward E. Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. On 2 June 1997, the applicant's commander recommended him for discharge from the service under the provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug abuse rehabilitation failure. The evidence shows that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 9, for alcohol...
ARMY | BCMR | CY2005 | 20050005322C070206
The regulation shows that the separation program designator “JPD” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Alcohol Rehabilitation Failure” and that the authority for discharge under this separation program designator is “AR 635-200, chapter 9." Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. While his...
ARMY | DRB | CY2013 | AR20130001581
The applicant was separated on 13 July 2007, under Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with an honorable discharge, an SPD code of JPD and a RE code of 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. However, Army Regulation 635-5-1 (Separation Program Designator (SPD)...
ARMY | DRB | CY2013 | AR20130014476
The applicant submitted his discharge packet as evidence that shows on 19 February 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol or other drug rehabilitation failure for being a rehabilitation failure. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the...
ARMY | BCMR | CY2008 | 20080005902
Application for correction of military records (with supporting documents provided, if any). The separation document (DD Form 214) issued to the applicant upon his discharge shows he was separated under the provisions of Chapter 9, Army Regulation 635-200, by reason of drug abuse - rehabilitation failure. The evidence of record confirms that the applicant was declared an ADAPCP rehabilitation failure based on alcohol abuse, and not drug abuse.
ARMY | BCMR | CY2009 | 20090009633
Accordingly, the applicant was honorably discharged on 24 March 2005 under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure. 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. The regulation states the reason for...
ARMY | DRB | CY2013 | AR20130005955
The separation authority waived further rehabilitation and directed the applicants discharge with an honorable characterization of service. The applicant was separated on 2 October 2009, under Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with an honorable discharge, an SPD code of JPD and a RE code of 4. The applicants statements alone do not overcome the governments presumption of regularity and no additional corroborating and supporting documentation or...