Title: APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code of “1
Author: +

ABCMR Memorandum of                                                     AC97-11519
Consideration (cont)

APPLICANT REQUESTS:  Correction of appropriate military records to show a reentry eligibility (RE) code of “1.”  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment. 

APPLICANT STATES:  In effect, her performance as a soldier was exceptional.  An off-duty alcohol-related incident should not have reflected a reentry code of “3.”

EVIDENCE OF RECORD:  The applicant’s military records are not available.  Information herein was obtained from alternate sources.
She was born on 17 June 1975.  She completed 12 years of formal education.  She enlisted in the Regular Army on 8 November 1994 for 4 years.  She completed basic training and advanced individual training and was awarded military occupational specialty 71L (Administrative Specialist).

On 1 April 1996, the applicant was released from the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) Track III program.

On 9 August 1996, the applicant had a subsequent alcohol offense.

On 23 October 1996, the applicant underwent a mental status evaluation.  She was found to have the mental capacity to understand and participate in board proceedings; no psychiatric disease, defect or personality disorder was found; and she was psychiatrically cleared for any administrative action deemed appropriate.  The evaluation also noted that the member stated she did not wish Track III alcohol treatment.

On 25 November 1996, the applicant’s commander initiated separation proceedings under Army Regulation 635-200, Chapter 9, Alcohol Rehabilitation Failure.

The complete separation proceedings are not available.

On 21 December 1996, the applicant was honorably discharged, in pay grade  E-3, under the provisions of Army Regulation 635-200, Chapter 9, Alcohol Rehabilitation Failure.  She had completed 2 years, 1 month and 14 days of creditable active service and had no days lost.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 provides for the discharge of members based on alcohol or other drug abuse such as the illegal, wrongful or improper use of any controlled substance, alcohol or other drug when the soldier is enrolled in ADAPCP and the commander, in consultation with the rehabilitation team, determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitative failure.  

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army  (RA) and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to persons ineligible to reenlist with a waiverable disqualification.  It is applicable to individuals discharged by reason of rehabilitation failure.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.  Therefore, since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  A reentry code of “3” was and is appropriate for an individual discharged by reason of rehabilitation failure.  The applicant was disqualified from reenlistment, but the disqualification is waiverable.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                 Loren G. Harrell
				    		 Director