IN THE CASE OF:	  

		BOARD DATE:	 12 February 2015 

		DOCKET NUMBER:  AR20140011353 


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 his DD Form 214 (Report of Separation from Active Duty) to show his net active service as 2 years, 3 months, and 28 days.

2.  The applicant states:

* his DD Form 214 contains a typographical error
* he is retiring and he needs his net active service corrected in order to retire with 30 years of total service

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 enlisted in the Regular Army on 20 February 1975.

3.  A U.S. Army Europe Form 113-7-R (Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) Progress Report), dated 25 April 1977, shows:

* in 1976, the applicant was in an inpatient care status at Augsburg Hospital, Germany, for drug-related hepatitis
* the applicant was in a rehabilitation program during the period 5 January through 28 March 1977
* on 20 January 1977, the applicant was mandatorily referred for counseling and rehabilitation due to medically confirmed heroin drug abuse
* the applicant did nothing in the way of taking steps to discontinue his drug use
* the applicant discontinued his hard drug use and he admitted he smoked hashish on a daily basis and flatly refused to quit
* his commander was aware of his drug use and concluded the applicant would not quit his drug use, at least while in the service
* the applicant actively sought ways to obtain a discharge to be with his wife in the United States
* the applicant's counselor recommended his entry in a follow-up program as a rehabilitation failure
* the applicant's counselor and commander determined –

* he would create serious disciplinary problems
* he would create a hazard to the military
* he would create a hazard to himself
* he was resisting all attempts to be rehabilitated and rehabilitation would not create a quality Soldier acceptable in the Army

4.  On 26 April 1977, his commander notified him that he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 16, for personal abuse of drugs (ADAPCP) rehabilitation failure under the exemption policy.  The commander recommended an honorable discharge.

5.  On 3 May 1977, he consulted with counsel and acknowledged receipt of the notice for his proposed discharge.  He elected not to submit statements in his own behalf.

6.  His DA Form 2496-1 (Report of Mental Status Evaluation), dated 12 May 1977, shows he had the mental capacity to understand and participate in board proceedings.

7.  On 26 May 1977, a bar to reenlistment was initiated against him and was approved.  He elected not to submit statements in his own behalf.

8.  On 1 June 1977, the separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, chapter 16, and directed that the applicant be issued an Honorable Discharge Certificate.

9.  On 17 June 1977, the applicant was honorably discharged.  His DD Form 214 shows he had no lost time and shows in:

* item 18a (Net Active Service This Period) – 1 year, 3 months, and 28 days
* item 18c (Total Active Service) – 1 year, 3 months, and 28 days

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16, in effect at the time, contained the authority and outlined the procedures for discharging individuals because of alcohol or other drug abuse.  A member who had been referred to ADAPCP could be separated because of his/her inability or refusal to participate in, cooperate in, or successfully complete such a program if there were a lack of potential for continued Army service and rehabilitation efforts were no longer practical.  At the time of the applicant's separation an honorable or general discharge was authorized.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated all service shown in item 18 (Record of Service) would be less time lost under Title 10, U.S. Code, section 972.

DISCUSSION AND CONCLUSIONS:

The applicant served on active duty in the Regular Army during the period 20 February 1975 through 17 June 1977 (2 years, 3 months, and 28 days).  An obvious administrative error occurred in recording his active duty service during the processing of his DD Form 214.  Therefore, he is entitled to correction of items 18a and 18c of his DD Form 214 to show he completed 2 years, 3 months, and 28 days.



BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending items 18a and 18c of his DD Form 214 to show he completed 2 years, 3 months, and 28 days.



      _____________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)                                         AR20140011353



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ABCMR Record of Proceedings (cont)                                         AR20140011353



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