IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000147 


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 APPLICANTS REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records by deleting the "Alcohol Rehabilitation Failure" entry in item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he joined the military at the age of 21 and he was barely old enough to drink alcohol.  He states most of his military service was without incident and he attained the grade of E-4 in only 19 months.

   a.  He states that drinking alcohol became a major problem in his life, which led to his administrative discharge.

   b.  He states that he is now "clean" and much more responsible.  He adds that he went to Work One and the employment officials advised him that the entry in item 28 of his DD Form 214 would be a huge hindrance to his employment.  Therefore, he would like the entry deleted.

3.  The applicant provides a copy of Copy 4 (Member) of his DD Form 214 in support of his request.

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 had prior enlisted service in the Army National Guard of the United States from 8 May 1991 through 4 March 1993.

3.  The applicant enlisted in the Regular Army (RA) for a period of 3 years on       5 March 1993.  At the time he was 20 years of age.

4.  The applicant reenlisted in the RA for a period of 3 years on 5 July 1995.

5.  On 12 December 1995, the separation authority reviewed information concerning the recommendation for separation of the applicant under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), Chapter 9 (Alcohol Rehabilitation Failure).  The commander noted that the applicant was afforded every opportunity to comply with the Army Alcohol/Drug Rehabilitation Program, but failed to do so and he lacked the motivation to achieve his full potential as a Soldier in the U.S. Army.  Accordingly, the commander approved the recommendation for separation and directed the applicant's service be characterized as under honorable conditions.

6.  The applicant's DD Form 214 shows he was discharged under honorable conditions on 19 January 1996 under the provisions of AR 635-200, Chapter 9.  At the time he had completed 2 years, 10 months, and 15 days of net active service.

   a.  Item 26 (Separation Code) shows the entry "JPD."

   b.  Item 28 shows the entry "Alcohol Rehabilitation Failure."

7.  On 13 September 1999, the applicant submitted a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) to the Army Discharge Review Board (ADRB) requesting upgrade of his under other honorable conditions discharge based on it being improper.  After consideration of the applicant's request, military records, and all other available evidence, the ADRB determined that the applicant's discharge was proper and equitable and unanimously voted not to change it.

8.  AR 635-5-1 (Separation Program Designator (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 shows that for Soldiers who are discharged under the provisions of AR 635-200, chapter 9, the narrative reason "Alcohol Rehabilitation Failure" with the SPD code of "JPD."
 
9.  AR 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.

       (1)  Item 26 states enter the proper SPD representing the reason for separation (AR 635-5-1) on copies 2, 4, 7, and 8 only.

	    (2)  Item 28 states enter the reason for separation (shown in AR 635-5-1) based on the regulatory or statutory authority.  Do not enter the narrative reason for separation on Copy 1 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the entry in item 28 [Copy 4] of his DD Form 214 should be deleted because it may be a hindrance in his efforts to obtain employment.

2.  Records confirm the applicant was separated under the provisions of 
AR 635-200, chapter 9, based on alcohol rehabilitation failure.  In addition, the governing separation regulations confirm that the entry in item 28 (Copy 4) of the applicant's DD Form 214 is valid and appropriate based on his approved separation.


3.  As a matter of information, the ABCMR does not change a former Soldier's
DD Form 214 solely to enhance his or her opportunity for employment. Therefore, there is no basis for granting the applicant's request.

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 this requirement.

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)                                         AR20100000147



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ABCMR Record of Proceedings (cont)                                         AR20100000147



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