MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 March 2002                   
	DOCKET NUMBER:   AR2001063163

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

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

APPLICANT STATES:  In effect, that he admits that he had problems with alcohol in his younger days.  He does not believe that he deserved a reenlistment code of 4 and that he has changed his ways.  He further states, that an Army recruiter told him that a chapter 9 discharge does not warrant a reenlistment code of 4.

EVIDENCE OF RECORD:  The applicant's military records show:

On 1 May 1992, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 88M10 (Motor Transport Operator).  On 5 October 1994, the applicant reenlisted for 3 years.  The highest pay grade he achieved was E-4.

The applicant’s record shows that on 23 September 1997 he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice for being drunk while on duty.  The particulars in reference to his punishment are missing from his files.

A Synopsis of Rehabilitative Activities dated 17 November 1997, noted that the applicant was referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for an alcohol related incident.  The applicant was referred to the ADAPCP a second time after receiving a DUI.  He was enrolled in the outpatient treatment program on 30 September 1998.  His treatment plan consisted of abstinence from alcohol and illegal drugs, a monthly urinalysis and Breathalyzer tests, AA meetings once a week, Alcohol and Drug Abuse Prevention Training (ADAPT) course, weekly group sessions and individual sessions as needed.  

On 8 May 1997, the applicant formally completed the ADAPCP.  On 15 September 1997, the applicant was referred for a third time to the ADAPCP for being drunk while on duty.  He was subsequently enrolled again in the outpatient treatment program in the same treatment plan as before.  

On 12 November 1997, the applicant was involved in yet another alcohol related incident that was confirmed by statements from soldiers and by a blood alcohol content test.  The applicant was determined by the ADAPCP staff to be high risk for continued relapses and that he was unmotivated toward accepting rehabilitation.

On 4 December 1997, the applicant was barred from reenlistment.
On 23 February 1998, the applicant was declared a rehabilitation failure by his unit commander, due to his alcohol related incident.

On 24 February 1998, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, Chapter 9 for alcohol rehabilitation failure.  The applicant was advised of his rights, he consulted with legal counsel and acknowledged that he understood the impact of the discharge action.  He waived personal appearance and consideration by an administrative board and made no statement.  He requested representation by counsel.

A mental and physical evaluation was completed and the applicant was found to be qualified for separation.

On 24 February 1998, the appropriate authority approved the recommendation and directed the issuance of an honorable discharge.

On 13 March 1998, the applicant was honorably discharged, in pay grade E-3, under the provisions of Army Regulation 635-200, Chapter 9.  He had completed 5 years, 10 months and 13 days of creditable active service.  He was given a reentry code of RE-4.

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 US 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-4 applies to individuals separated from the last period of service with a nonwaivable disqualification and are ineligible for enlistment.

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 this requirement.

2.  Army Regulation requires 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.  Evidence of record shows that the applicant was properly assigned an RE code of RE-4 based on his reason for discharge (Alcohol Rehabilitation Failure).  

3.  In view of the circumstances in this case, the assigned reentry eligibility code was and still is appropriate.

4.  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

__fne___  __tbr___  __dph___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001063163	
SUFFIX		
RECON		
DATE BOARDED	20020305	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.