| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. George D. Paxson | Member | |
| Mr. Charles Gainor | Member |
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
| 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. |
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