BOARD DATE:	  30 April 2015

           DOCKET NUMBER:  AR20140013876 


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, in effect, 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 abuse – rehabilitation failure."

2.  The applicant states he was never administered a breathalyzer or blood test at the time of the incident.

3.  The applicant did not provide any evidence with his application.

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's records show he enlisted in the Regular Army on 3 January 1980 and held military occupational specialty 36M (Wire Systems Installer).  The highest rank/grade he attained during this period of service was specialist/E-4.

3.  On 1 April 1991, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for willfully and unlawfully altering a public record (a DA Form 496 (Disposition Form) Recommendation for Convalescent Leave Upon Discharge).

4.  On 26 September 1991, the Clinical Director, Headquarters, 7th Infantry Division and Fort Ord, prepared a memorandum indicating:

	a.  the applicant was enrolled in the Army Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) on 9 April 1991 for his alcohol abuse;

	b.  unfortunately the applicant's inability or refusal to respond to the rehabilitation plan substantially reduced his potential for fully effective service and necessitated a chapter 9 recommendation; and

	c.  the applicant was afforded a realistic opportunity to rehabilitate himself; however, he was declared a rehabilitation failure on 23 September 1991.

5.  On 10 October 1991, the applicant was formally counseled on his performance, attitude, and character wherein he lied about his whereabouts and admitted to four noncommissioned officers he had been drinking while enrolled in the ADAPCP (Track II).  On 15 October 1991, he was counseled and notified of the possible separation action taken against him.

6.  On 9 January 1992, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with chapter 9 of Army Regulation 635-200 based on his inability or refusal to respond to his drug rehabilitation program and for being declared a rehabilitation failure.

7.  On 9 January 1992, the applicant acknowledged receipt of the commander's intent to separate him and was advised of the basis for the contemplated separation, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to him.  He further indicated he understood that he may encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him.  He elected not to submit a statement in his own behalf.

8.  On 9 January 1992, the immediate commander initiated separation action against him in accordance with paragraph 9-2, chapter 9, Army 
Regulation 635-200 for alcohol or other drug rehabilitative failure.  He recommended the applicant receive a general, under honorable conditions discharge (GD).

9.  On 10 January 1992, consistent with recommendations by the applicant's chain of command and a legal sufficiency review, the separation authority approved the applicant's discharge under the provisions of chapter 9 of Army Regulation 635-200 and directed the applicant be furnished a GD certificate.  The applicant was accordingly discharged on 31 January 1992.

10.  The DD Form 214 he was issued confirms he was discharged with a characterization of service of general by reason of alcohol abuse – rehabilitation failure.  This form shows he completed a total of 12 years and 29 days of creditable military service.  Item 26 (Separation Code) of this form shows the entry "JPD."

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.  The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions unless the Soldier is in an entry-level status and an uncharacterized description of service is required.  However, an honorable discharge is required if limited-use information was used.

12.  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 regulation in effect at the time stated that SPD code "JPD" was the correct code for Soldiers separated under the provisions of chapter 9 of Army Regulation 635-200 by reason of alcohol rehabilitation failure.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he was discharged on 31 January 1992 under the provisions of chapter 9 of Army Regulation 635-200 by reason of alcohol abuse rehabilitation failure.

2.  The applicant's narrative reason for separation was assigned based on his separation under the provisions of chapter 9 of Army Regulation 635-200 due to his alcohol abuse rehabilitation failure.  Absent the alcohol abuse and resulting rehabilitation failure, there was no fundamental reason to process him for discharge that would have been more favorable.  The underlying reason for his discharge was his alcohol abuse.  The only valid narrative reason for separation permitted under that paragraph is "alcohol abuse rehabilitation failure" which is correctly shown on his DD Form 214.  Therefore, he received the appropriate narrative reason for separation and there is no basis to grant the requested relief in this case.

3.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20140013876





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ABCMR Record of Proceedings (cont)                                         AR20140013876



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