MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           25 April 2002                  
	DOCKET NUMBER:   AR2001063507

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		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:  That his reentry (RE) code be corrected to an RE code which would allow him to reenlist.

APPLICANT STATES:  He was not told that his RE code would preclude him from reenlisting in the future.  If he had known that, he would have appealed the RE code at the time of his discharge.  He contends that he was punished and discharged for his actions, and those things should be sufficient punishment; he should not be barred from reenlisting for the rest of his life.

In support of his application, he submits affidavits from people with whom he worked while on active duty which attest to his work ethic and skill.  Those statements were given to the applicant when he was pending involuntary discharge for alcohol and drug abuse rehabilitation failure.

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

He enlisted in the Regular Army on 1 July 1986, was awarded the military occupational specialties of special operations engineer sergeant, and combat engineer, and was promoted to pay grade E-6.

On 29 January 1996 a board of officers was convened to determine whether the applicant should be involuntarily separated due to alcohol and drug abuse rehabilitation failure.  The board found that the preponderance of evidence showed that the applicant was an alcohol and drug abuse rehabilitation failure, and recommended that he be separated from the service with a general discharge.  The applicant’s civilian counsel unsuccessfully appealed those findings and recommendation.  Thereafter, the appropriate authority approved the board’s findings and recommendation; and, on 18 August 1996, the applicant was issued a General Discharge Certificate for alcohol rehabilitation failure.  His DD Form 214 shows that he was assigned an RE-4 code.

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 and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. 

The code RE-4 applies to persons not qualified for continued Army service, and the disqualification is not waivable.  Soldiers who have a history of alcoholism are so disqualified.  However, Army Regulation 601-210, Line W, states that applicants having a history, or possible history, of alcoholism, who have been rehabilitated for a period of 1 year, can apply for a waiver to reenlist.

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

1.  The applicant was declared an alcohol and drug abuse rehabilitation failure.  As such, he was properly assigned an RE-4 code.  The statements submitted in the applicant’s behalf do not change this fact.

2.  The applicant states that if he would have known the RE code he was to be assigned would preclude him from reenlisting, he would have appealed that code.  However, his records show that he contested his discharge by requesting that a board of officers consider his case, and after the board of officers recommended that he be discharged, he unsuccessfully appealed that decision through his counsel.  There were no other avenues of appeal that were open to the applicant at that time.

3.  This Board notes that the applicant’s alcoholism is waiverable for enlistment if he can prove that he has been rehabilitated for 1 year or longer.  However, the needs of the Army dictate whether waivers will be considered.

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

___cg___  ____gdp _  ____jhl__  DENY APPLICATION

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

INDEX

CASE ID	AR2001063507	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.