IN THE CASE OF:	  

	BOARD DATE:	  8 July 2008

	DOCKET NUMBER:  AR20080005902 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 28 (Narrative Reason for Separation) on his separation document (DD Form 214) be changed to read “alcohol abuse”, leave blank, or “lack of self-control in consumption.”

2.  The applicant states, in effect, that his DD Form 214 erroneously shows he was separated by reason of drug abuse, instead of alcohol abuse, as was the case.  He further indicates this has resulted in his being barred from reenlistment. 

3.  The applicant provides the following documents in support of his application:  Self-Authored Statement; DD Form 214; Anoka Metro Regional Treatment Center Medical Report; Report of Medical Examination Page 3; and Third-Party Statements.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a 
substantive review of this case and, only to the extent relief, if any, is granted, 
has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s records shows he enlisted into the Regular Army and entered active duty on 2 October 1984.  He was trained in and awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman), and the highest rank he attained while serving on active duty was private first class (PFC).  

3.  The applicant's record shows that during his tenure on active duty, he earned the Army Service Ribbon, Parachutist Badge, and the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars.  His record documents no acts of valor, significant achievement, or service warranting special recognition.  

4.  On 1 May 1986, the applicant's unit commander referred him to the Track II of the Drug and Alcohol Abuse Prevention Control Program (ADAPCP) based on his previous enrollment in Track I of the program at his previous duty assignment in 1985.

5.  On 10 July 1986, the ADAPCP Clinical Director prepared a synopsis of the applicant's ADAPCP rehabilitation activities.  He stated that the applicant was enrolled in Track II of the program on 12 May 1986, for alcohol abuse.  Track III of the program was recommended for the applicant; however, based on the applicant's continued alcohol abuse and alcohol-related incidents, the Track III residential program was cancelled.  He further indicated that the applicant's reluctance to fully cooperate with counseling efforts, further rehabilitation efforts were not practical.  He recommended the applicant be considered a rehabilitation failure and discharged from the military.  

6.  On 16 July 1986, the applicant was notified by his unit commander that separation action was being initiated against him under the provisions of
chapter 9, Army Regulation 635-200, by reason of ADAPCP rehabilitation failure. In his notification, he informed the applicant that if his recommendation was approved, he could receive either an honorable discharge (HD) or general, under honorable conditions discharge (GD).

7.  On 17 July 1986, the applicant acknowledged receipt of the separation action notification.  After consulting with legal counsel and being advised of the basis of the contemplated separation action, the effects of a GD, and of his rights, he completed his election of rights.  He waived his right to representation by counsel, and he elected not to submit a statement in his own behalf.


8. On 21 July 1986, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, Chapter 9, and he directed the applicant receive a GD.  On 24 July 1986, the applicant was discharged accordingly.

9.  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.  It also shows that at the time of his separation, he held the rank of private/E-1 (PV1), and he had completed a total of 1 year, 9 months, and 23 days of creditable active duty service.  The separation document also shows he was assigned a Separation Program Designator (SPD) code of JPC and a Reentry (RE) code of RE-3.

10.  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 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.

11.  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 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 the 
basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  RE-3 applies to persons who are not fully qualified for reentry or continuous serve, but disqualification is waivable.

12.  Army Regulation 635-5-1 (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.  It states, in pertinent part, that the SPD code of JPD is the appropriate code to assign to Soldiers separated under the provisions of chapter 9, Army Regulation 635-200, by reason of alcohol rehabilitation failure.  The SPD/RE Code Cross Reference Table included in the regulation establishes RE-3 as the proper code to assign members separated with this SPD code.  




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the narrative reason for his separation should be changed to read "Alcohol Abuse - Rehabilitation Failure" vice "Drug Abuse -Rehabilitation Failure" was carefully considered and found to have merit.  The evidence of record confirms that the applicant was declared an ADAPCP rehabilitation failure based on alcohol abuse, and not drug abuse.  

2.  By regulation, the proper SPD code to assign members separated under the provisions of Paragraph 9, Army Regulation 635-200, by reason of alcohol abuse-rehabilitation failure is JPD.  The DD Form 214 issued to the applicant upon his discharge erroneously listed the narrative reason for his separation as "Drug Abuse - Rehabilitation Failure" and he was erroneously assigned an SPD code of JPC.  Therefore, it would be appropriate to correct Item 26 of his 
DD Form 214 to read JPD and to correct Item 28 to read "Alcohol Abuse –Rehabilitation Failure."

BOARD VOTE:

___X____  __X_____  __X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 24 July 1986 DD Form 214 by deleting the current entry in Item 26 and replacing it with the entry "JPD", and deleting the current entry in Item 28 and replacing it with the entry "Alcohol Abuse – Rehabilitation Failure”; and by providing him a correction to his DD Form 214 that reflects these changes.



      __________X____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080005902



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ABCMR Record of Proceedings (cont)                                         AR20080005902


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