RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 December 2006
DOCKET NUMBER: AR20060006649
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 |
| |Ms. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. Allen Raub | |Chairperson |
| |Mr. Frank Jones | |Member |
| |Mr. Qawiy Sabree | |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 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. The applicant states, in effect, that he was discharged for alcohol
abuse - rehabilitation failure and the separation code shown in item 26 on
his DD Form 214 does not match the narrative reason for separation in item
28 (Narrative Reason for Separation). He contends that “JPC” is for Drug
Abuse - Rehabilitation Failure and that “JPD” is for Alcohol Abuse -
Rehabilitation Failure.
3. The applicant provides a statement from a recruiter; discharge orders;
and a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 21 May 1986. The application submitted in this case is dated 4
May 2006.
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 on 4 December 1984 for a period of 3 years. He
trained as a power generator equipment repairer. On 21 May 1986, the
applicant was honorably discharged under the provisions of Army Regulation
635-200, chapter 9, for alcohol abuse – rehabilitation failure.
4. Item 25 (Separation Authority) on the applicant’s DD Form 214 shows the
entry, “AR [Army Regulation] 635-200, CHAP [chapter] 9.” Item 26 on his DD
Form 214 shows the entry, “JPC.” Item 28 on his DD Form 214 shows the
entry, “ALCOHOL ABUSE – REHABILITATION FAILURE.”
5. 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, in effect at the time, states the reason for
discharge based on separation code “JPC” is “Drug abuse rehabilitation
failure” and the regulatory authority is Army Regulation 635-200, chapter
9.
6. Army Regulation 635-5-1 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.
DISCUSSION AND CONCLUSIONS:
1. The separation code in item 26 on the applicant’s DD Form 214 is
incorrect. Therefore, it would be appropriate to correct item 26 on his DD
Form 214 to show the entry, “JPD.”
2. Records show the applicant should have discovered the alleged error now
under consideration on 21 May 1986; therefore, the time for the applicant
to file a request for correction of any error expired on 20 May 1989. The
applicant did not file within the 3-year statute of limitations; however,
based on the available evidence, it would be in the interest of justice to
excuse failure to timely file in this case.
BOARD VOTE:
AR_____ _FJ_____ _QS_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:
a. deleting the entry in item 26 on his DD Form 214; and
b. adding the entry, “JPD” in item 26 on his DD Form 214.
____Allen Raub_________
CHAIRPERSON
INDEX
|CASE ID |AR20060006649 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061212 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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