RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 March 2005
      DOCKET NUMBER:  AR20040001825


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Report of
Separation From Active Duty) be corrected as to his dates of service, his
rank at discharge, and his Separation Program Designator (SPD) code.

2.  The applicant states that there are "typographical errors" related to
his service dates.  He also states that he was a Specialist Four (SP4/E-4)
when he was discharged.  He indicates that his SPD code of "JPB" is
incorrect.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged (error or
injustice) which occurred on 3 August 1979.  The application submitted in
this case is undated, but was received on 2 June 2004.

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.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 13 March 1974.  He served
continuously until he was honorably discharged on 3 August 1979 under the
provisions of chapter 9, Army Regulation 635-200 as an alcohol or drug
abuse failure.  He was given an SPD code of "JPB" and was credited with
serving 5 years, 4 months, and 21 days.  His rank is shown as SP4/E-4.

4.  Numerous documents in the applicant's DA Form 201 (Military Personnel
Records Jacket) attest to his basic active service date (enlistment date)
as 13 March 1974 and his discharge date as 3 August 1979.  The difference
between these two dates is 5 years, 4 months, and 21 days, just as stated
on his DD Form 214.

5.  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.  Army Regulation (AR) 601-210
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3
of that regulation prescribes basic eligibility for prior service
applicants for enlistment. That chapter includes a list of armed forces RE
codes.  RE-3 applies to persons not qualified for continued Army service.

6.  AR 635-5-1, Separation Program Designator (SPD) Codes, contains
narrative reasons for discharge, the appropriate SPD codes for those
narrative reasons, and a cross-reference to the applicable RE code.
Soldiers separated "Alcohol or other drug abuse" under the provisions of AR
635-200, chapter 9 are issued an RE code of RE-3 and an SPD code of "JPB."

7.  AR 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 the 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.
Army policy states that an honorable or general discharge is authorized
depending on the applicant’s overall record of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his DD Form 214 is incorrect, yet he provides
no evidence to substantiate his claim.

2.  The record shows the applicant enlisted on 13 March 1974 and was
honorably discharged 5 years, 4 months, and 21 days later on 3 August 1979.

3.  The applicant was separated under the provisions of chapter 9, AR 635-
200 for alcohol or drug abuse.  The proper RE code and SPD code are RE-3
and SPD code "JPB."

4.  The applicant's rank on his DD Form 214 is SP4.

5.  There is no evidence that the applicant's DD Form 214 is incorrect in
any respect.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 August 1979; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 August 1982.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__js____  __le____  __cd____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                        John Slone
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001825                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050310                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0300                                |
|2.                      |110.0100                                |
|3.                      |110.0200                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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