IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080016079
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, correction of his military records to change his separation program designator (SPD) code.
2. The applicant states that he was young and rather stupid. He did not realize how [his actions] would affect his career later in life.
3. The applicant provides a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 17 August 1982, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 94B (Food Service Specialist).
3. On 16 December 1982, the applicant was assigned for duty as a cook with the 3rd Squadron, 61st Air Defense Artillery Brigade, in the Federal Republic of Germany. He returned to the United States on or about 10 August 1984 for duty at Fort Hood, Texas.
4. On 5 August 1985, the applicant was assigned for duty as a cook with the 2nd Squadron, 83rd Field Artillery Battalion, in the Federal Republic of Germany.
5. On 8 January 1986, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for unlawful use of marijuana. The punishment included reduction to pay grade E-3, a forfeiture of $200.00 pay per month for 2 months and 30 days extra duty.
6. On 17 January 1986, the applicants commander recommended that he be barred to reenlistment based on his NJP for unlawful use of marijuana. The appropriate authority approved the recommendation on 27 January 1986.
7. On 30 August 1986, the applicants commander reviewed the bar to reenlistment and determined that it should remain in affect.
8. On 18 December 1986, the applicants commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, chapter 9, due to drug abuse rehabilitation failure. The applicant acknowledged the action, was afforded an opportunity to consult with counsel, and stated that he wanted to receive treatment in a Department of Veterans Affairs (VA) medical center.
9. On or about 20 December 1986, the appropriate authority approved the recommendation and directed that he be issued a General Discharge Certificate. On 4 February 1987, the applicant was discharged accordingly. The applicants DD Form 214 shows that he had completed a total of 4 years, 5 months and
18 days of creditable active military service. He was assigned an SPD Code of JPC. His character of service was under honorable conditions.
10. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities, reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JPC was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, Chapter 9, due to drug rehabilitation failure.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was young and stupid and did not realize the effect his actions would have on his career.
2. In the absence of evidence to the contrary, it is presumed the applicant was properly separated from military service due to drug abuse rehabilitation failure.
3. The SPD Code of JPC was the appropriate code for the applicant based on the governing regulation. There is no evidence of error or injustice.
4. 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 the aforementioned requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________ _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) AR20070016793
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080016079
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130000928
It states that the SPD code "JPC" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 9 by reason of drug rehabilitation failure. Records show the applicant was 21 years, 4 months, and 18 days of age at the time of his counseling for missing his ASAP appointment and being designated as drug rehabilitation failure. There is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who...
ARMY | DRB | CY2009 | AR20090013133
Applicant Name: ????? On 21 September 2006, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of alcohol or other drug rehabilitation failure, with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave...
ARMY | BCMR | CY2006 | 20060001293C070205
The evidence shows that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 9, for drug abuse - rehabilitation failure. The separation code of "JKK" specified the narrative reason for discharge as "misconduct, such as abuse of illegal drugs" and the authority for discharge under this SPD was "Army Regulation 635-200, chapter 14-12c(2). The additional separation code of "JPC" specified the narrative reason for discharge as "drug abuse – rehabilitation...
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 | CY2013 | 20130012338
The applicant requests an upgrade of his discharge under other than honorable conditions. There is no evidence that shows the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. _______ _ 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.
ARMY | BCMR | CY2006 | 20060013822
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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. 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.
ARMY | BCMR | CY2010 | 20100007397
On 2 November 2000, the unit commander notified the applicant that action was being initiated to separate him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel, chapter 9, based on his being declared an ADAPCP rehabilitation failure and recommended the applicant receive a general discharge (GD). The regulation identifies the SPD code of JPC as the appropriate code to assign members separated under the provisions of Army Regulation 635-200, chapter...
ARMY | BCMR | CY2009 | 20090000167
Application for correction of military records (with supporting documents provided, if any). The Department of the Army SPD/RE Cross Reference Table in effect at the time of the applicant's discharge indicated that RE-3 was the proper code to assign members separated under the provisions of chapter 9, Army Regulation 635-200 with an SPD code of JPC. The evidence of record confirms the applicant's discharge processing was accomplished in accordance with the applicable regulation, and that...
ARMY | BCMR | CY2011 | 20110017599
On 28 September 2009, the applicant was notified by his company commander that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 9, for alcohol or other drug abuse rehabilitation failure. Chapter 5 of Army Regulation 600-85 (ASAP) states that Soldiers who are rehabilitation failures will be processed for administrative separation when the unit commander, in consultation with the ASAP staff,...
ARMY | BCMR | CY2010 | 20100012179
Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. __________X________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...