IN THE CASE OF:	  

		BOARD DATE:	    13 October 2015

		DOCKET NUMBER:  AR20150003026 


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 that the reason and authority for his discharge be changed from Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 16, and that his separation program designator (SPD) code be changed from "JPB" (drug abuse).

2.  The applicant states, in effect:

* He served his country faithfully and with dedication
* He was traumatized following an accident that occurred and he was not given a chance to defend himself
* The feelings of anxiety, hopelessness, intrusive thoughts, along with nightmares and isolation led him to chemical dependency
* He inquired about a correction of his records back in 1978 and he was misinformed by the Disabled American Veterans Representative
* He was told the chapter 16 discharge did not matter as long as his discharge was honorable
* He was young and had no knowledge of veterans assistance programs
* He is a disabled veteran and he had problems with his claims
* His service dates are incorrect in the Department of Defense (DOD) system
* The “DOD system” shows his dates of service as 9 November 1976 through 29 July 1977; however, his dates of service were actually from 31 January 1974 through 29 July 1977

3.  The applicant provides no additional evidence.
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 (RA) for 2 years on 31 January 1974.  He completed training as a supply specialist.  He arrived in Germany on 16 June 1974.

3.  The applicant was honorably discharged on 8 January 1976 for the purpose of immediate reenlistment.  He was issued a DD Form 214 for this period of service. 

4.  He reenlisted in the RA for 3 years on 9 January 1976.  

5.  The applicant accepted nonjudicial punishment (NJP) on four separate occasions between 14 December 1976 and 13 April 1977 for the following offenses:

* Failure to go to his appointed place of duty (sixteen specifications)
* Disobeying a lawful order (two specifications)
* Dereliction of duty
* Being absent without leave (AWOL) from 22 to 28 February 1977
* Wrongfully appropriating a Panasonic 8-track tape player/AM/FM radio

6.  The applicant’s official military record contains an Alcohol and Drug Abuse Prevention and Control Program Progress Report dated 25 February 1977, which shows he was administratively referred for counseling and rehabilitation on
21 December 1976.  His counselor stated that he met one scheduled appointment, then he went on leave supposedly to go home.  However, he spent 20 days in Frankfurt, Germany hanging around.  After his leave ended he made no attempt to make his appointments.  His unit was notified as were both of his supervisors who assured the counselor that he would come in.  He went AWOL shortly thereafter and by virtue of his behavior, lack of initiative to participate in counseling, and suspected drug abuse he was recommended as a rehabilitative failure.

7.  The applicant was notified that he was being recommended for discharge due to being a rehabilitative failure on 14 March 1977.  The applicant’s commander cited the applicant’s inability to refrain from illegal use of drugs or other controlled substances as the basis for his recommendation for discharge.  The applicant acknowledged receipt of the notification and elected not to submit a statement in his own behalf.

8.  The applicant departed Germany en-route to the United States on or about 21 June 1977.

9.  On 12 July and 27 July 1977, he accepted NJP for the following offenses:

* Possession of a residue of heroin and morphine
* Being AWOL from 19 to 20 April 1977 and from 5 to 7 July 1977
* Possession of drug paraphernalia
* Failure to go to his appointed place of duty

10.  Report of Mental Status Evaluation shows he had no significant mental illness and that he met the retention standards prescribed in chapter 3 of Army Regulation 40-501 (Standards of Medical Fitness).

11.  The appropriate authority approved the recommendation for discharge on 20 September 1977 and directed the issuance of an honorable discharge.  Accordingly, he was honorably discharged on 29 July 1977 under the provisions of Army Regulation 635-200, chapter 16, due to drug abuse.  He was assigned SPD code "JPB."

12.  The applicant contends that there is a "DOD system" somewhere that does not show his correct dates of service.  However, his official military personnel file (OMPF), which was used in the consideration of this case, contains records of all of his service.

13.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  This regulation shows the SPD code of "JPB" as shown on the applicant's DD Form 214 specified the narrative reason for separation as "drug abuse" and that the authority for separation under this SPD code was "Army Regulation 635-200, chapter 16."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  However, he has not shown error or injustice in the reason and authority for his discharge or the associated SPD code.

2.  There is no evidence in the available record showing that he was traumatized after an accident for which he was not afforded an opportunity to defend himself. The available evidence shows he was offered an opportunity to get help for drug abuse and he elected not to complete the Alcohol and Drug Abuse Prevention and Control Program.  

3.  The available evidence shows he accepted NJP for possession of heroin and morphine and for possession of drug paraphernalia.  He was given a chance to attend drug and alcohol rehabilitation and he failed to attend.  

4.  According to the applicable regulation, SPD code "JPB" as shown on the applicant's DD Form 214 specified the narrative reason for separation as "drug abuse" and the authority for separation under this SPD code was "Army Regulation 635-200, chapter 16."  The reason and authority for separation and the SPD code shown on his DD Form 214 are correct.

5.  The fact that he now has a desire to help others is not a basis for changing his reason and authority for discharge or the SPD code that he received.

6.  The applicant contends that there is a "DOD system" that does not show his correct dates of service.  He should contact the "DOD system" to which he refers and request that the system be corrected to show all of his service.  However, his OMPF, which was used in the consideration of this case, contains a record of all of his service.

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)                                         AR20150003026



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ABCMR Record of Proceedings (cont)                                         AR20150003026



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