| Mr. Carl W. S. Chun | Director | |
| Mr. Walter Avery, Jr. | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Margaret K. Patterson | Member | |
| Mr. Lester Echols | Member |
APPLICANT REQUESTS: That his reentry eligibility (RE) code be changed to a 1, 2, or 3.
APPLICANT STATES: In effect, that he is requesting his RE-4 code be upgraded because it is unjust and it no longer accurately reflects his character. He is now remarried and no longer drinks. Prior to his discharge he was having a problem at home and turned to alcohol to solve it. He had decided to get out before he ruined everything he had worked for. At that point, he had not lost any rank or received an Article 15. He approached his first sergeant with a proposition. He had found a way to get out and the first sergeant assisted him. While being processed for separation he was told that he would have to wait a maximum of two years to reenter the service. He is now told he cannot reenter unless he gets his RE code changed. He believes he still has a lot to contribute and that he would be an asset to the Army.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty on 10 January 1996, and was trained as an armor crewman.
On 19 May 1999, the applicant was apprehended for operating a vehicle while under the influence of alcohol. For this offense he received a general officer letter of reprimand.
On 28 August 1999, the applicant was counseled because he was detained by the military police and charged with drunk and disorderly conduct and assault.
On 29 November 1999, the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-200, chapter 9 for having been declared a rehabilitation failure by the Alcohol and Drug Abuse Prevention and Control Program.
On 30 November 1999, after consulting with counsel, the applicant waived consideration of his case, personal appearance, and representation before a board of officers, and elected not to submit a statement in his own behalf. Paragraph 5 of the waiver form reads, “I further understand that I will be ineligible to apply for enlistment in the United States Army for a period of 2 years after discharge.”
On 12 December 1999, the separation authority approved the recommendation and directed that the applicant be furnished an honorable discharge certificate and transfer to the Individual Ready Reserve.
Accordingly, he was separated on 21 December 1999 under the provisions of Army Regulation 635-200, chapter 9, for Alcohol Rehabilitation Failure, with a Separation Program Designator (SPD) of JPD and an RE-4 code. He had a total of 3 years, 11 months, and 12 days of creditable service.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 provides for the discharge of members based on alcohol or other drug abuse such as the illegal, wrongful or improper use of any controlled substance, alcohol or other drug when the soldier in enrolled in the Alcohol and Drug Abuse Prevention & Control Program and the commander, in consultation with the rehabilitation team, determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitative failure.
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 635-5-1 provides that separation code JPD will be given when the reason for discharge is alcohol rehabilitation failure under Army Regulation 635-200, chapter 9.
RE-4 applies to persons not qualified for continued Army service. The disqualification is not waiverable.
Army Regulation 635-5, Table 2-2, SPD/RE Cross Reference Table, states that RE-4 will be used when the SPD code is JPD.
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 applicant’s primary contention is that he was counseled that after a two-year separation he would be allowed to reenter the Army. The applicant acknowledged by his signature that he had read the statement “I further understand that I will be ineligible to apply for enlistment in the Unites States Army for a period of 2 years.” The statement clearly indicates that after two years the applicant may be eligible to apply. It does not indicate that even if eligible to apply for enlistment, his application would be approved.
2. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.
3. The Board carefully reviewed the applicant’s records and determined that his RE-4 code is the appropriate code for his narrative reason for discharge.
4. 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.
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
___fne___ ___mkp__ __le_____ DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
INDEX
| CASE ID | AR2001061179 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010207 |
| 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. | 179 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2010 | 20100008078
The applicant's records show he enlisted in the Regular Army for a period of 4 years on 11 September 1997. The SPD Codes of "JPC/JPD" are the correct codes for Soldiers separated under the provisions of Army Regulation 635-200, chapter 9, by reason of "drug/alcohol rehabilitation failure." The evidence of record shows his RE code was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug rehabilitation failure.
ARMY | BCMR | CY2009 | 20090015761
On 5 February 2008, the separation authority approved the applicants discharge under the provisions of chapter 9 of Army Regulation 635-200, due to alcohol rehabilitation failure with a general discharge. Army Regulation 635-200 states that prior to discharge or release from active duty, individuals are assigned RE codes, based on their service records or the reason for discharge. The evidence of record shows the applicants RE code was assigned based on the fact that he was separated...
ARMY | BCMR | CY2008 | 20080011328
The commander stated, in effect, the request was based on the fact that the applicant was being considered for separation from the Army under the provisions of Chapter 9 of Army Regulation 635-200 for failing the Alcohol Rehabilitation Program. The applicant's DD Form 214 also shows that based on the authority and reason for his discharge, he was assigned a Separation Program Designator (SPD) Code of JPD in Item 26 (Separation Code) and an RE Code of 4 in Item 27 (Reentry Code). Evidence...
ARMY | BCMR | CY2003 | 2003091425C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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. By regulation, SPD code JPD and RE-4 code are the proper codes to assign members separating under the provisions of chapter 9, Army Regulation 635-200, by reason of alcohol rehabilitation...
ARMY | BCMR | CY2009 | 20090018664
The applicant requests that his Reentry (RE) Code be changed so that he may be able to reenter the military. He was discharged from active duty in pay grade E-2 on 30 June 2006, under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure, with a general discharge. The regulation provides 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 | BCMR | CY2011 | 20110004667
The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was honorably discharged by reason of "alcohol rehabilitation failure." The SPD Code of "JPD" is the correct code for Soldiers separated under the provisions of Army Regulation 635-200, chapter 9, by reason of "drug/alcohol rehabilitation failure." The evidence of record shows his RE code was assigned based on the fact that he was separated under the provisions of chapter 9 of Army Regulation...
ARMY | BCMR | CY2009 | 20090003639
The applicant's commander recommended him for discharge under the provisions of chapter 9 of Army Regulation 635-200 due to his failure to complete the ADAPCP and that he be issued a General Discharge Certificate. In a letter, dated 28 January 2009, the applicant's doctor stated the applicant had a problem with alcohol prior to being discharged from the Army and he has had no problems with alcoholism since. Pertinent Army regulations provide that prior to discharge or release from active...
ARMY | BCMR | CY2009 | 20090009018
On 1 February 2002, the Army Discharge Review Board granted the applicant relief in the form of an upgrade of his discharge to fully honorable. The SPD code of "JPD" is the correct code for Soldiers separated under chapter 9 of Army Regulation 635-200. The evidence of record shows the applicants RE code was assigned based on the fact that he was separated under the provisions of chapter 9 of Army Regulation 635-200, for drug and alcohol abuse rehabilitation failure.
ARMY | BCMR | CY2010 | 20100024054
The applicant requests that his Reentry Eligibility (RE) code be changed so he may be allowed to reenter the U.S. Army. On 10 January 1997, the applicant's discharge under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Separations), chapter 9 (Separation for Alcohol or Other Drug Abuse), paragraph 9-2 (Alcohol Rehabilitation Failure), was approved. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2009 | 20090018997
He consumed alcohol on 24 December 2008. Army Regulation 635-200 states that prior to discharge or release from active duty, individuals are assigned RE codes, based on their service records or the reason for discharge. The evidence of record shows the applicants RE code was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.