IN THE CASE OF:
BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20090021860
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 his narrative reason for separation be changed.
2. The applicant states:
* he would like his narrative reason for separation changed because he is looking for a job and sometimes employers ask if you have served in the military
* he is clean of drugs
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his 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 enlisted in the Regular Army on 23 November 1979 for a period of 3 years. He completed basic armor training and was awarded military occupational specialty 19D (cavalry scout). He was enrolled in the Alcohol and Drug Abuse Prevention and Control Program on 2 February 1982 and declared a rehabilitative failure in the program on 5 April 1982. On 23 July 1982, the applicant was discharged under honorable conditions (a general discharge) under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 9, for alcohol or drug abuse.
3. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "Chapter 9, Army Regulation 635-200." Item 26 (Separation Code) of his DD Form 214 shows the entry "JPB." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry "alcohol or drug abuse (exemption policy)."
4. 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, stated the reason for discharge based on separation code JPB is alcohol or other drug abuse and the regulatory authority is Army Regulation 635-200, chapter 9.
DISCUSSION AND CONCLUSIONS:
1. A narrative reason for separation is not changed for the purpose of obtaining employment opportunities.
2. Although the applicant contends he is clean of drugs, the narrative reason for separation used in the applicant's case is correct and was applied in accordance with the applicable regulations at the time of his separation on 23 July 1982. Therefore, 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) AR20090021860
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ABCMR Record of Proceedings (cont) AR20090021860
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