IN THE CASE OF:	  

		BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090004256 


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) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. 

2.  The applicant essentially states that his narrative reason for separation should be changed because he completed a substance abuse treatment program.

3.  The applicant provides his DD Form 214 and two certificates of completion, dated 4 March and 9 September 2008, showing that he completed several phases of a Department of Veterans Affairs (VA) Dual Diagnosis Treatment Program in support of this application.

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 military records show that he enlisted in the Regular Army on 
31 January 1979.  He completed initial entry training and was awarded military occupational specialty 19F (M48-M60A1/A3 Armor Crewman).  He served his initial permanent duty assignment at Fort Carson, Colorado and he progressed through the ranks to specialist five/E-5, with his last promotion effective 1 April 1981.  He then departed for a tour in Germany on 8 January 1982.

3.  The applicant's military records also reveal an extensive pattern of misconduct due to abuse of alcohol between 9 April 1982 and 8 October 1982.  He accepted nonjudicial punishment under Article 15 of the Uniform Code of Military Justice on three occasions for multiple alcohol-related offenses such as wrongfully consuming alcoholic beverages while deployed on a field exercise, wrongfully communicating a threat to his superior noncommissioned officer, being drunk on duty, drinking alcoholic beverages while on duty as Sergeant of the Guard, being disrespectful towards a commissioned officer, being incapacitated for the proper performance of duty as a result of previous indulgence in intoxicating liquor, and failing to go at the time prescribed to his appointed place of duty.  Collectively, his punishment for these offenses included two reductions in rank, a forfeiture of $700.00 pay, and extra duty for 44 days.  He was also declared an Alcohol and Drug Abuse Prevention and Control Program rehabilitation failure. 

4.  On 12 January 1983, the applicant was discharged under honorable conditions under the provisions of Chapter 9 (Separation for Alcohol or Other Drug Abuse), Army Regulation 635-200 (Enlisted Personnel).  Item 28 of his DD Form 214 indicates that his narrative reason for separation was "Alcohol Abuse - Rehabilitation Failure."  This is the narrative reason for separation shown in Army Regulation 
635-5-1 (Separation Program Designators) that is to be entered based on the regulatory authority for his discharge.

5.  There is no indication that the applicant applied to the Army Discharge Review Board for a change of his narrative reason for separation within its 15-year statute of limitations.

6.  The applicant provided a certificate of completion, dated 4 March 2008, which shows he successfully completed Phase 2 of the VA’s Substance Abuse Dual Diagnosis Treatment Program through the Southern Arizona Veterans Affairs Health Care System.  He also provided a certificate, dated 9 September 2008, which shows he successfully completed Phases 1, 2, and 3 of the same program.




7.  Army Regulation 635-5 (Separation Documents) provides the regulatory guidance for preparing entries on the DD Form 214.  The version in effect at the time of the applicant's discharge provided that for item 28, the reason for separation (shown in Army Regulation 635-5-1) based on the regulatory or statutory authority would be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 28 of his DD Form 214 should be changed. 

2.  The fact that the applicant completed several phases of the VA’s Dual Diagnosis Treatment Program was considered, and he is to be commended for taking responsibility for his problem.  However, completion of treatment programs after his discharge does not change the narrative reason for separation.  His narrative reason for separation was assigned based on the provisions of Chapter 9, Army Regulation for 635-200 for alcohol abuse and rehabilitation failure, and this information is accurately entered in item 28 of his DD Form 214.  

3.  In order to justify correction of a military record the applicant must show, 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.  As a result, there is no basis for changing the entry in item 28 of his DD Form 214.  

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)                                         AR20090004256



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ABCMR Record of Proceedings (cont)                                         AR20090004256



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