BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20100000188
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 correction of item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to remove the entry "Alcohol Rehabilitation Failure."
2. The applicant states it was determined that he was an alcoholic while in the military; however, he is now a non-drinker and has completed Alcoholics Anonymous (AA) classes to stay sober. The entry should not be on his DD Form 214 at this stage in life.
3. The applicant provides a copy of his DD Form 214, dated 18 October 1999.
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. Having had prior service in the U.S. Army Reserve, the applicant's records show he enlisted in the Regular Army on 27 July 1998 and held military occupational specialty 12B (Combat Engineer). The highest rank/grade he attained during this period of service was private first class/E-3. He was assigned to the 65th Engineer Battalion, Fort Lewis, WA.
3. The facts and circumstances of his discharge are not available for review with this case. However, his record contains a properly-constituted DD Form 214 that shows he was discharged on 18 October 1999 under the provisions of chapter 9 of Army Regulation 635-200 (Personnel Separations). He completed 1 year, 2 months, and 22 days of creditable active service. Item 26 (Separation Code) of this form shows the entry "JPD" and item 28 shows the entry "Alcohol Rehabilitation Failure."
4. 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 Soldiers because of alcohol or other drug abuse. A member who has been referred to the Army Substance Abuse Program 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. Initiation of separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation failures (emphasis added). The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required. However, an honorable discharge is required if restricted-use information was used.
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty. The "JPD" SPD code is the correct code for Soldiers separated under chapter 9 of Army Regulation 635-200.
DISCUSSION AND CONCLUSIONS:
1. The applicants record is void of the facts and circumstances that led to his discharge. However, his record contains a properly-constituted DD Form 214 that shows he was discharged on 18 October 1999 under the provisions of chapter 9 of Army Regulation 635-200 by reason of alcohol rehabilitation failure. He also received a separation code of JPD indicating the reason for his discharge as alcohol rehabilitation failure.
2. The applicants narrative reason for separation was assigned based on the fact that he was separated under the provisions of chapter 9 of Army Regulation 635-200 due to his alcohol rehabilitation failure. Absent the alcohol rehabilitation failure, there was no fundamental reason to process him for discharge. The underlying reason for his discharge was his alcohol rehabilitation failure. The only valid narrative reason for separation permitted under that paragraph is "alcohol rehabilitation failure" which is correctly shown on his DD Form 214. Therefore, he received the appropriate narrative reason for separation.
3. The applicants post-service completion of AA classes is noted. However, inasmuch as the applicant was discharged based on his alcohol rehabilitation failure, the reason and authority for discharge are correct as currently shown on his DD Form 214. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the RE code is in error or unjust. The applicant did not submit evidence that would satisfy this requirement. Therefore, the applicant is not entitled to relief.
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) AR20100000188
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ABCMR Record of Proceedings (cont) AR20100000188
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