MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 July 2002
         DOCKET NUMBER: AR2001063502


         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
Ms. Antoinette Farley		Analyst

The following members, a quorum, were present:

Mr. Ted S. Kanamine		Chairperson
Mr. John T. Meixell		Member
Mr. Harry B. Oberg		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

         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: That his reentry eligibility (RE) code RE-4 be change to RE-1 in order to allow him to reenlist into the U.S. Army, in light of recent events.

APPLICANT STATES: In effect, that he be given the privilege to enlist into the US Army. He states in 1994, he voluntarily made the mistake of opting to be discharged from the Army. In support of his claim he submits a letter of explanation in which he states that his reasoning for voluntarily opting to be discharged was one of immaturity, blindness and selfishness and lives with deep shame and regret since then. He states that over the past years, his travels have been an educational process, which brought great change to his life, by traveling all over the United States and abroad. He points out that he lived in Los Angles 4 years and was employed as a commercial electrician for 3 ½ years. He now feels that he is in his prime, physically, mentally and emotionally. He claims that his heart is empty since breaking the chain of family history in the military. He points out that his grandfathers both served in WW II and Korea, that four of his uncles served in the Army, in the Republic of Vietnam, in various ranks. He adds that his father and stepfather were also Army personnel. He contends that with a solid military family foundation, support by his fiancée, his deep eagerness and an RE Code change, that he would be able to reenter the Army either as a volunteer for the Airborne, the Rangers or the “SFAS”. He points out that, in light of recent events, he owes not only himself, but also his family and all those who served now and before him, his complete dedication and support. The applicant submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 4 April 1994 and a copy of his National Guard Bureau Form 22 (Report of Separation and Record of Service) dated 15 February 1992.

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

That on 8 March 1988 he enlisted in the Army National Guard (ARNG) of Oklahoma for a period of 8 years with Split Training Options. He completed his Initial Active Duty (IADT) from 6 June 1988 to 5 August 1988 and from 8 August to 15 September 1989, and was awarded military occupational specialty (MOS) 11B10 (Infantryman).

On 15 September 1989 he was released from training, with an honorable characterization of service. He was immediately transferred to a Shawnee, Oklahoma Army National Guard unit to complete his remaining service obligation.

On 15 February 1992 the applicant was given a general, under honorable conditions discharge from the ARNG, under the provisions of National Guard Bureau (NGR) 600-200, Paragraph 8-27g for Unsatisfactory Participation with a reenlistment code of RE-3. He was credited with 3 years, 11 months and 8 days for this period of service. He was transferred to the USAR Control Group (AT).

On 25 August 1992 he again enlisted in the Army National Guard of Oklahoma as an Infantryman. On 4 March 1993 he was separated under NGR 600-200, paragraph 8-26b with an honorable discharge from the Army National Guard and as a Reserve of the Army due to enlistment in the Regular Army, with a code of RE-1. He was credited with 4 years, 2 months and 9 days of prior Reserve service and 3 months and 8 days of prior Active Federal Service.

On 5 March 1993 he enlisted in the Regular Army, for duty in MOS
75B10 (Personnel Administration Specialist) in pay grade E-4.

On 4 April 1994 the applicant was separated under the provisions of chapter 9, AR 635-200 for Alcohol Rehabilitation Failure with general under honorable conditions discharge. He had 1 year and 1 month of creditable service and no lost time. He was assigned a separation program designator (SPD) of JPD and a reentry code of RE-4.

His military records do not contain any medical or personnel records which referred him to the Alcohol and Drug Abuse Prevention Control Program (ADAPCP), or provide a date as to when he was declared a rehabilitation failure.

There is no indication that the applicant applied to the Army Discharge Review Board (ADRB) seeking a discharge change of reason and/or the authority for the separations. He has 15 years from the date of separation to apply to the ADRB.

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 the 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 policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service.

In accordance with AR 635-5-1, the narrative reason for separation placed on the applicant’s DD Form 214 (Report of Separation or Discharge from Active Duty) would be "Alcohol Rehabilitation Failure." During the time period in which the applicant was separated, the appropriate codes, as shown in the Army regulation, Table 2-2 (SPD/RE Cross Reference Table), would be JPD as his SPD, with a RE-4, as his reentry 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 (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. The chapter also includes a list of Armed Forces RE codes, including RA RE codes.

Reentry codes 1 and 2 essentially indicate a soldier is eligible to reenlist, in some cases after a break in service. Reentry code RE-3 indicates a soldier may be eligible to reenlist with a waiver as granted by recruiting officials. Reentry code RE-4 indicates that a soldier is not eligible to reenlist.

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 the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. Furthermore, the applicant does not dispute the narrative reason for separation.

2. There appears to be no basis for removal or waiver of that disqualification which established the basis for the RE code. The RE code was not assigned in error and still is appropriate under the current regulations.

3. 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.

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

___TSK _ __JTM __ ___HBO _ DENY APPLICATION

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

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INDEX

CASE ID	AR2001063502
SUFFIX
RECON
DATE BOARDED	20020711
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.