MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 January 2002
         DOCKET NUMBER: AR2001063082

         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Karen A. Heinz		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)

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APPLICANT REQUESTS: In effect, that his reentry (RE) code be changed from RE-4 to a more favorable RE code.

APPLICANT STATES: In effect, that his RE code of 4 needs to be changed so that he can reenlist in the Army. In support of his application, he provides a copy of a Military Review Boards Agency Case Report and Directive (OSA Form 172).

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

On 5 June 1997, the applicant entered the Army for a period of 3 years. He successfully completed training and was awarded military occupational specialty (MOS) 13P (Multiple Launch Rocket System/Fire Direction Specialist). His record shows the highest rank he attained while serving on active duty was private first class/E-3 (PFC/E-3) and it documents no acts of valor, significant achievement, or service warranting special recognition during his active tenure.

On 1 September 1998, while assigned to Fort Sill, Oklahoma, the applicant was command referred to the Community Counseling Center (CCC) for abuse of alcohol. He was declared a rehabilitation failure on 15 October 1998, and at that time the CCC, clinical director recommended that he be separated from military service.

On 24 November 1998, the applicant was notified by his commander that separation action was being initiated to separate him from the Army under the provisions of Army Regulation 635-200, chapter 9, based on his being an alcohol rehabilitation failure. His commander stated that the basis for the separation action was the applicant’s continuing to drink while enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP). He further indicated that he concurred with the recommendation of the CCC, clinical director, that applicant be separated based on being declared a ADAPCP rehabilitation failure. The applicant acknowledged the separation action, waived military counsel, and did not submit statements in his own behalf.

On 11 December 1998, the separation authority approved the separation action and directed that the applicant receive a general, under honorable conditions discharge. On 13 January 1999, the applicant was discharged accordingly after completing at total of 1 year, 7 months, and 9 days of active military service.

The DD Form 214, issued to and authenticated by the applicant with his signature on the date of his separation, confirms that the authority for his discharge was chapter 9, Army Regulation 635-200 and the narrative reason for his separation was alcohol rehabilitation failure. This document also confirms that based on the authority and reason for his discharge he was assigned a
SPD code of JPD and a RE code of RE-4.

The applicant submitted a request for an upgrade of his discharge to the Army Discharge Review Board (ADRB) and on 29 August 2001, the ADRB upgraded the characterization of his discharge to fully honorable because limited use information, as defined in chapter 6, Army Regulation 600-85, was introduced during the separation process. However, the ADRB found that the authority and reason for the applicant’s discharge were both proper and equitable.

Pertinent Army Regulations provide that prior to discharge or release form 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 processing into the Regular Army and the 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. RE-4 applies to person not qualified for continued service by virtue of being separated from service with a non-waivable disqualification.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 contains the authority and outlines the procedures for discharging individuals 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.

Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JPD was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for soldiers separating under the provisions of chapter 9, Army Regulation 635-200, for alcohol rehabilitation failure. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table),
Army Regulation 635-5 (Separation Documents), establishes RE Code 4 as the proper reentry code to assign to soldiers separated for this reason.

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. The Board notes the applicant’s contention that his RE-4 code should be changed to allow him to reenlist, however, it finds this factor is not sufficiently mitigating to warrant the requested relief.

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2. The evidence of record confirms that the applicant was discharged from the Army under the provisions of chapter 9, Army Regulation 635-200, for alcohol rehabilitation failure. It further shows that based on the authority and reason for his discharge, he was properly assigned the SPD code of JPD and the RE code of RE-4 in accordance with the applicable regulations.

3. The record further establishes that although the ADRB upgraded the applicant’s discharge to fully honorable, it found the authority and reason for his discharge were both proper and equitable. Therefore, the Board concludes that the applicant was appropriately assigned the RE-4 code at the time of his discharge.

4. Further, the Board finds that the applicant has failed to show that the RE-4 code assigned him was in error or unjust. Therefore, the Board concludes that the RE-4 code assigned the applicant is still appropriate and that there is no evidentiary basis for changing it at this time.

5. 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

__AAO__ _ _MHM__ __KAH DENY APPLICATION

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

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INDEX

CASE ID	AR2001063082
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/01/29
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.	110.00
2.
3.
4.
5.
6.