BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150013062 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ __x_ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150013062 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150013062 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 (Certificate of Release or Discharge from Active Duty) by changing the entry in item 28 (Narrative Reason for Separation). 2. The applicant states: a. He proudly and honorably served a total of 10 years in the U.S. military: 4 years in the U.S. Coast Guard (USCG) with an honorable discharge (HD) and 6 years in the U.S. Army with an HD. However, his discharge from the Army was under chapter 9 (Alcohol Rehabilitation Failure) (of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel)). b. The reality of how this discharge came to be is that his spouse at the time became very unhappy living in Germany and wanted to return to the United States. Due to the stresses of living in Europe and during the time of the 9/11 attacks, their marriage had developed difficulties. Instead of discussing this with him and allowing him the opportunity to request an early return of dependents, his spouse chose to follow the advice of a friend, who had told her that if she made the false report of being in an abusive relationship, her return to the United States would be expedited. c. A second issue arose from this incident; his spouse had developed religious beliefs which opposed alcohol consumption. Prior to the incident, she had expressed concerns that he was drinking. To show his regard for her concerns, he agreed to voluntarily be evaluated by social services. The counselor pointed out that although alcohol was not affecting his health, his parental responsibilities, or his professional behavior, it was affecting his spouse and asked if he would consider attending Alcoholics Anonymous (AA) meetings. He agreed and attended for a while, but the supervising counselor expressed that he truly did not appear to have an alcohol addiction. d. After being cleared of the domestic violence allegations, he was informed by his command that he was required to attend an in-house alcohol rehabilitation program. The reason stated was that, in addition to the alcohol abuse allegations, his spouse had made further complaints about his use of alcohol. He was informed that, because he had previously been evaluated for alcohol abuse, he would now be required to attend rehabilitation. He was told by his command that it did not matter that the first evaluation process was entirely voluntary on his part. e. By this time, his spouse had returned to the United States with his children and began contacting him, stating she wanted to reconcile. He chose to decline the rehabilitation program so that he could receive a chapter 9 discharge and return to the United States to his spouse and children. This decision was made based upon his emotional state and his overwhelming desire to attempt to save his marriage and family. f. He wanted to serve in the military until his retirement. His records from both branches of service show nothing but honorable and dedicated service, including numerous awards, up to the time of his discharge from the Army. g. At no time in his 10 years of service, did he become involved in any incident or become the subject of any allegation or investigation involving domestic violence or alcohol abuse, nor did he have any other negative incidents. h. Although he takes responsibility for the final decision which resulted in the chapter 9 he received from the Army, the decision was the result of having gone through a period of intense emotional trauma. In the end, he felt that he had to decide between his family and his career. He chose his family. i. Based upon the circumstances of this particular situation, in addition to his years of honorable and dedicated service, along with his continued community service in civilian life, he respectfully requests that the Army modify the narrative reason for separation on his DD Form 214 so that he can finally put behind him this ugly blemish on an otherwise honorable military record. 3. The applicant provides: * DD Forms 214 * Army Commendation Medal (ARCOM) Recommendation and Certificate * Army Achievement Medal Recommendation and Certificate * Army Good Conduct Medal Certificate * Two Certificates of Appreciation * Two Certificates of Achievement * Certificate of Appreciation from the Adult Probation Department of the Superior Court in Pima County 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. On 27 April 1987 the applicant enlisted in the USCG and was honorably released from active duty on 25 April 1991. His DD Form 214 shows he completed 3 years, 11 months, and 29 days of net active service. 3. On 25 April 1997 the applicant enlisted in the Regular Army and was honorably discharged on 27 August 2003. His DD Form 214 shows he completed 6 years, 4 months, and 3 days of net active service. He was separated in the rank of sergeant/pay grade E-5. Item 28 shows his narrative reason for separation was "alcohol rehabilitation failure." Item 26 (Separation Code) shows the entry "JPD." He received separation pay as allowed by law. 4. The applicant?s record is void of any documentation showing he voluntarily requested or was directed to complete alcohol rehabilitation. In addition, his separation package in not in his official military personnel file. 5. The applicant provides copies of his military and civilian awards. REFERENCES: 1. Army Regulation 635-200, chapter 9, outlines policies and procedures for separation of Soldiers who have been determined to be rehabilitation failures after having been enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) A soldier who is enrolled in the ADAPCP for alcohol/drug abuse may be separated because of an 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. Nothing in this chapter prevents separation of a Soldier who has been referred to such a program under any other provisions of this regulation. Initiation of separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation failures. 2. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states Soldiers discharged under the provisions of chapter 9, Army Regulation 635-200 will have the following SPD and narrative reason for separation shown on their DD Form 214, based on their reason for separation, "JPD" – Alcohol Rehabilitation Failure. 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant requests a correction of item 28 on his DD Form 214 which shows he was discharged as a result of failing alcohol rehabilitation efforts. He asserts he never abused alcohol nor was he mandatorily enrolled in ADAPCP. 2. The applicant’s administration separation package is not available for review. His DD Form 214 shows he was processed for discharge under the provisions of chapter 9 of Army Regulation 635-200 due to his alcohol rehabilitation failure. He initialed his DD Form 214 acknowledging receipt of this form and his narrative reason for separation. In addition, the applicant in his personal statement admits to declining inpatient treatment for alcohol rehabilitation in order to reconcile with his family. 3. The ABCMR assumes administrative regularity in the processing of applications. The applicant has the responsibility to provide sufficient evidence to demonstrate an error exists in their record. The available evidence does not indicate an administrative error occurred in the processing of his separation from the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013062 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013062 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2