RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060013822 


	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.


x
	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 his separation code be changed to a more favorable code that will allow him to re-enlist. 

2.  The applicant states that he was issued a separation code of “JPC” which is indicative of a drug and/or alcohol rehabilitation failure and he was never offered any type of rehabilitation, nor was he afforded the opportunity to consult with an attorney to discuss his options.  He further states that he was young at the time, that he has not used drugs in 20 years and it is his desire to serve at this time. 

3.  The applicant provides no additional documents with his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which occurred on 10 February 1988.  The application submitted in this case is dated
18 September 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 was born on 15 November 1967 and enlisted on 5 March 1985 for a period of 4 years, training as a wheel vehicle mechanic and assignment to Europe.  He underwent his basic combat training at Fort Leonard Wood, Missouri and remained at Fort Leonard Wood to undergo his advanced individual training (AIT) as a wheel vehicle mechanic.  

4.  He failed to complete his AIT and was transferred to Fort Lee, Virginia to undergo AIT as a supply specialist.  He completed that training and was transferred to Germany on 25 August 1985.  He was advanced to the pay grade of E-4 on 1 May 1986. 

5.  On 17 June 1986, the applicant was enrolled in Track I of the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) in Bremerhaven.  He attended three sessions before he was released from the ADAPCP on 14 July 1986.

6.  Although the record of nonjudicial punishment (NJP) is not present in the available records, his records show that he was reduced to the pay grade of E-2 on 16 July 1987.  

7.  On 20 July 1987, the applicant was command referred to the ADAPCP due to his testing positive for tetra-hydro-cannabinol (THC), a physiologically active chemical from hemp plant resin that is the chief intoxicant in marijuana.

8.  The applicant departed Germany on 17 August 1987 and was transferred to Fort Leavenworth, Kansas for duty as a supply specialist.

9.  On 1 October 1987, the applicant was enrolled in Track I of the ADAPCP and on 1 December 1987, he was required to submit a urine specimen for urinalysis testing.  That specimen tested positive for THC on 9 December 1987 and the applicant was enrolled in Track II of the ADAPCP.

10.  On 21 December 1987, NJP was imposed against him for signing a false official statement for the replacement of an identification card.  His punishment consisted of a reduction to the pay grade of E-1. 

11.  The applicant did not attend any of the scheduled Track II sessions and on 14 January 1988, was released from the ADAPCP for unsatisfactory progress.

12.  On 25 January 1988, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, chapter 9, for drug abuse rehabilitation failure.

13.  After consulting with a senior defense counsel, the applicant waived all of his rights and elected not to submit a statement in his own behalf. 

14.  The appropriate authority approved the recommendation for discharge and directed that he be furnished a General Discharge Certificate.

15.  Accordingly, he was discharged under honorable conditions on 10 February 1988, under the provisions of Army Regulation 635-200, chapter 9, for drug abuse rehabilitation failure.  He had served 2 years, 11 months, and 6 days of total active service and was issued a separation code of “JPC.” 

16.  Army Regulation 635-5-1 provides that a separation code of “JPC” will be issued to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, chapter 9, due to drug abuse rehabilitation failure.
    
DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

3.  The applicant was separated under the provisions of Army Regulation        635-200, chapter 9, for drug rehabilitation failure and was properly issued a separation code of “JPC” in accordance with the applicable regulations in effect at the time.

4.  The applicant’s contentions that he did not receive any rehabilitation and that he was not afforded the opportunity to consult with counsel has been noted; however, his contentions are not supported by the evidence of record and he has failed to show through the evidence submitted or the evidence of record that he was issued the wrong separation code at the time of his separation.
  
5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 February 1988; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 February 1991.  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

__x  x __ x____  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.




____x____
          CHAIRPERSON




INDEX

CASE ID
AR20060013822
SUFFIX

RECON

DATE BOARDED
20070327
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1. 110.0200
191/SEP CODE
2.

3.

4.

5.

6.