IN THE CASE OF:	  

		BOARD DATE:	    22 May 2014

		DOCKET NUMBER:  AR20130015897 


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 reconsideration of an earlier request to:

	a.  change his separation authority and narrative reason for separation; and

	b.  correct the date of entry shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
	
2.  The applicant states, in effect:

	a.  if discharge proceedings for his failure to cooperate with Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) exists, it was done as a warning.  He would have been under the belief this situation was not a cause for discharge as his new duty station orders for Hawaii had already been cut.

	b.  this was an isolated incident with civilian police, but there were no incidents within the Department of Defense.

	c.  it was determined in May 2010 by his civilian private care physician that he was not only self-medicating with alcohol due to severe ongoing pain, he was also in denial of said severity.  His pain was caused by fractures of both feet while in the military.  During the complications with his feet, he was instructed to suck it up and sick bay was for losers who couldn't handle it.  He was ordered to continue formal marches and physical training even though he was instructed by medical personnel to stay off his feet.  His chain of command felt the need to belittle him in front of the rest of the platoon, causing him to internalize the pain and deal with it like a Soldier.  His interpretation of this statement meant self-medication was not only acceptable it was encouraged. 

	d.  in 2010, he filed for social security disability and his claim was granted in April 2012 for hepatitis C, severe foot pain, post-traumatic stress disorder, and chronic anxiety.     

	e.  through this Board's decision, he has been further victimized and discriminated against.  He lost his Department of Veterans Affairs (VA) healthcare which has totally and completely hindered his recovery.  Civilian doctors are not inclined to prescribe the same medications as the VA.  Thus, he is finding himself tempted to self-medicate again.  He has been without proper healthcare since October 2012.  He further believes this Board's decision is also having a profound effect on the continuing delay of his military disability application.

	f.  he has been homeless since filing for his social security disability in 2010.

	g.  throughout his military career not only was the drinking of alcohol acceptable, in many instances it was encouraged.  He learned through the chain of command "real" men handled their pain quietly, at home with a drink or more.  As such he believes having a "drug or alcohol failure" discharge is not only discriminatory, it shows a double standard.  The chain of command was demonstrating by and through their actions said behavior was acceptable, unless it suited their own agenda.  Then it was considered a problem.       

	h.  he made a verbal request for separation from the Army due to his daughter's sudden death.  The chain of command explained to him the fastest way was the "drug and alcohol failure" route since it had already been documented and his discharge code could and would be changed upon his arrival in New Jersey.  The discharge code was never changed and has caused him further problems in his life.  It has been used against him in divorce proceedings, job searches, rental applications, housing, and visitation.  

3.  The applicant provides a letter, dated 30 June 2013.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120002638, on 14 August 2012.

2.  The applicant's arguments are new evidence that will be considered by the Board.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 24 August 1987 for a period of 8 years.  On 12 October 1987, he was discharged from the USAR DEP and he enlisted in the Regular Army (RA) on 13 October 1987 for a period of 5 years.  He completed training and he was awarded military occupational specialty 44B (metal worker).

4.  The available record shows the applicant entered the ADAPCP on 16 August 1988.  He was declared a rehabilitation failure on 13 June 1989.  

5.  His daughter was born on 13 June 1989.  

6.  On 24 July 1989, he was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 9, paragraph 9-2.  The specific reason for the proposed separation action was the applicant was declared a rehabilitative failure by his commander in consultation with the ADAPCP rehabilitation team.  The applicant acknowledged receipt of the notification on the same date.

7.  On 24 July 1989, having consulted with counsel and being advised of the basis for the contemplated separation action under the provisions of Army Regulation 635-200, chapter 9, paragraph 9-2, and the rights available to him, he elected not to submit a statement in his own behalf.

8.  His daughter died on 18 August 1989 due to sudden infant death syndrome.

9.  On 30 August 1989, the separation authority approved the applicant's recommendation for discharge under the provisions of Army Regulation 635-200, chapter 9 and directed the issuance of an Honorable Discharge Certificate.  On 
7 September 1989, he was discharged accordingly due to alcohol abuse – rehabilitation failure.  He completed 1 year, 10 months, and 25 days of creditable active service.

10.  His DD Form 214 shows:

* item 12a (Date Entered Active Duty This Period) – the entry "87 10 13" 
      (13 October 1987)
* item 18 (Remarks) – the entry "Item 12e:  Delayed Entry Program (DEP):  870824-871012//Nothing follows"
* item 25 (Separation Authority) – Chapter 9, Army Regulation 635-200
* item 26 (Separation Code) – JPD
* item 27 (Reentry Code) – RE-3
* item 28 (Narrative Reason for Separation) – Alcohol abuse-rehabilitation failure

11.  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 ADAPCP 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.

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  SPD Code JPD applies to Soldiers separated under the provisions of Army Regulation 635-200, chapter 9, by reason of alcohol abuse-rehabilitation failure.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states in item 12a enter the beginning date of the continuous period of active duty (emphasis added) for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, his separation authority and narrative reason for separation were administratively correct and in conformance with applicable regulations at the time of discharge.  Therefore, there is an insufficient evidentiary basis for amending these items on his DD Form 214.



2.  He initially enlisted in the USAR DEP on 24 August 1987.  He was not on active duty until he enlisted in the RA on 13 October 1987.  According to the applicable regulation, the beginning date of the continuous period of active 
duty will be entered in item 12a of the DD Form 214.  Therefore, his date of entry on active duty on his DD Form 214 is correct.

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 to amend the decision of the ABCMR set forth in Docket Number AR20120002638, dated 14 August 2012.



      _______ _   _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)                                         AR20130015897



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ABCMR Record of Proceedings (cont)                                         AR20130015897



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