BOARD DATE:	  20 January 2015

		DOCKET NUMBER:  AR20140008500 


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 the narrative reason for separation shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the narrative reason "Drug Rehabilitation Failure" is a derogatory statement.  He works for the government and management officials can view this statement on his DD Form 214.  Other agencies may use the statement in their hiring and promotion decisions.  He adds that it may be causing his applications for employment and promotion to be overlooked.

 3.  The applicant provides a copy of his DD Form 214.

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 honorable enlisted service in the Regular Army from 24 July 1984 through 23 May 1988.  He was awarded military occupational specialty 75B (Personnel Administration Specialist).  Upon completion of his required active duty service, he transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.

3.  On 31 July 1988, he was voluntarily ordered to active duty in the Active Guard Reserve (AGR) program for a period of 3 years, 10 months, and 4 days. On        7 March 1992, he reenlisted for the AGR program for a period of 6 years.

4.  A copy of the commander's notification of separation action is not available in the applicant's military personnel record.

5.  On 10 September 1996, the applicant consulted with legal counsel.  He acknowledged that his consulting counsel advised him of the basis for the proposed action to separate him for rehabilitation failure in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 9 (Alcohol or Other Drug Abuse Rehabilitation Failure).  He was advised of the rights available to him and the effect of any action taken by him in waiving his rights.  He also indicated that he understood he was entitled to have his case considered before an administrative board.
	
   a.  He waived consideration of his case by an administrative separation board and he also waived personal appearance before an administrative board.

   b.  He indicated that he would not submit any statements in his own behalf.

   c.  He waived consulting counsel and representation by military counsel.

	d.  The applicant and counsel placed their signatures on the document.

6.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 24 October 1996, shows the applicant was evaluated and found to be fully alert and oriented, his mood was unremarkable, thinking process clear, thought content normal, and memory good.  He was also found to be mentally responsible for his behavior and that he could distinguish right from wrong.  It also shows the applicant had the mental capacity to understand and participate in any administrative separation action or judicial proceedings.  Accordingly, the applicant was psychiatrically cleared for any administrative actions deemed appropriate by the command.

7.  Headquarters, U.S. Total Army Personnel Command, Alexandria, VA, memorandum, dated 30 December 1996, shows the findings of the Physical Evaluation Board, which convened on 22 November 1996, in the case of the applicant were approved.  He was determined fit for active military service.  It also shows, if the applicant was scheduled for separation for reasons other than physical disability, that separation action could continue.

8.  On 30 December 1996, the applicant waived his right to appear before an administrative separation board.

	a.  He declined to consult with military legal counsel.

	b.  He indicated that he would not submit any statements in his own behalf.

   c.  He requested the approving authority issue him an honorable discharge.

   d.  He also requested expeditious action be taken on his separation action to allow him to seek other employment.

	e.  The applicant placed his signature on the document.

9.  The commander recommended approval of the applicant's discharge under the provisions of Army Regulation 635-200, chapter 9, based on a positive urinalysis for THC (tetrahydrocannabinol) and cocaine while enrolled in a drug control program.

   a.  The reasons for the commander's proposed action were that the applicant had not learned to face any of his problems and continued to blame others and his situation for his lack of promotion and opportunity.  He denied having a problem with drugs and alcohol, but admitted to behavior inconsistent with the program requirements for recovery.  He also admitted to spending late nights at clubs and to smoking marijuana and cocaine.

   b.  The separation packet shows it included copies of the applicant's records of counseling and the command's rehabilitation attempts.

   c.  The commander recommended his separation with an under honorable conditions character of service.

10.  The separation authority approved the recommendation and directed the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 9-2a(1), for rehabilitation failure while enrolled in the ADAPCP and directed issuance of an Honorable Discharge Certificate.
11.  The applicant's DD Form 214 shows he entered active duty on 31 July 1988 and he was honorably discharged on 29 May 1997.  He had completed 8 years, 9 months, and 29 days of active duty service this period.  It also shows in –

* item 25 (Separation Authority):  Army Regulation 635-200, Chapter 9
* item 26 (Separation Code):  "JPC" (Drug Abuse Rehabilitation Failure)
* item 28 (Narrative Reason for Separation):  "Drug Rehabilitation Failure"

12.  A review of the applicant's military personnel record failed to reveal any evidence that the applicant applied to the Army Discharge Review Board for review of his discharge within its 15-year statute of limitations.

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 provides for a discharge based on alcohol or other drug abuse (such as the illegal, wrongful, or improper use of any controlled substance, alcohol, or other drug) when the member is enrolled in an ADAPCP and the commander determines that further rehabilitation efforts are not practical, thereby rendering the member a rehabilitation failure.  This determination will be made in consultation with the rehabilitation team.  The service of a member discharged under this section will be characterized as honorable or under honorable conditions.

14.  Army Regulation 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.

   a.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the
DD Form 214 and Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.

   b.  It shows for item 28, enter the narrative reason for separation as shown in Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) based on the regulatory or other authority.

15.  Army Regulation 635-5-1 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 identifies the SPD code of "JPC" as the appropriate code to assign enlisted Soldiers involuntarily discharged under the provisions of Army Regulation 635-200, Chapter 9, based upon drug abuse rehabilitation failure.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his narrative reason for separation in item 28 of his DD Form 214 should be deleted or changed because it is a derogatory statement.

2.  The applicant's contention is acknowledged and is not in dispute.  However, the applicant's administrative separation under the provisions of Army Regulation 635-200, chapter 9, based on drug rehabilitation failure was in compliance with all requirements of law and applicable regulations.  In addition, the evidence of record shows the type of discharge directed, SPD code, and narrative reason for separation are appropriate and correct as shown on his DD Form 214.

3.  In view of the foregoing, there is no basis for granting the requested 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)                                         AR20140008500



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ABCMR Record of Proceedings (cont)                                         AR20140008500



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