ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 May 2019 DOCKET NUMBER: AR20180014079 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by amending his narrative reason for separation to remove any drug-related references. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214, for the period ending 1 July 1983 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he never used drugs prior to joining the military. He was only a kid and he was introduced to drugs by former Vietnam veterans. He would not have been introduced to drugs if not for the military. 3. The applicant enlisted in the Regular Army on 3 March 1982. 4. The applicant received nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on the following dates for the indicated offenses: * on 3 November 1982, for illegally possessing marijuana, on or about 27 October 1982 * on 3 December 1982, for being absent without leave (AWOL) from on or about 22 November 1982 through on or about 24 November 1982 * on 7 June 1983, for illegally possessing marijuana, on or about 4 June 1983 * * on 28 June 1983, for failing to go at the prescribed time to his appointed place of duty, on or about 17 June 1983; for disorderly conduct, on or about 18 June 1983; and for breaking restriction, on or about 19 June 1983 5. The applicant was command referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) following his first NJP for drug possession. 6. The applicant's commander notified the applicant on 10 June 1983 that he was initiating actions to separate him from service under the provisions of Amy Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 9, by reason of his alcohol or other drug abuse rehabilitation failure. 7. The applicant was officially declared a rehabilitation failure on 17 June 1983. 8. The applicant acknowledged the separation action on 21 June 1983. He waived his right to legal counsel, to make a statement in his own behalf, and to request treatment from the Veterans Administration (VA). 9. The applicant's commander formally recommended his separation from service under the provisions of Army Regulation 635-200, Chapter 9. The separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, Chapter 9 (drug rehabilitation failure), and directed that the applicant be discharged under honorable conditions. 10. The applicant was discharged on 1 July 1983. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, Chapter 9, by reason of drug abuse rehabilitation failure, and his service was characterized as under honorable conditions (general). 11. The applicant was discharged for continuing to use illegal drugs despite being enrolled in the ADAPC program. His record provides no evidence of other conditions, aside from his ADAPCP failure, that could constitute appropriate justification for his separation prior to his expiration term of service date. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions were carefully considered. The applicant’s record shows he was separated as a drugs rehabilitation failure. The Board agreed his record is correct with the narrative reason for separation. There was no evidence of mitigating factors for his drug use, he did not have character witness statements nor post-service achievements for the Board to consider. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 5/28/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, Section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. 3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. b. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. c. Chapter 9 sets forth the basic authority for the separation of enlisted personnel. because of alcohol or other drug abuse. A member who has been referred to 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. The service of Soldiers discharged under this section will be characterized as honorable or under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required.