MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 10 September 2002
         DOCKET NUMBER: AR200269423

         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
Mrs. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Mr. William D. Barr		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, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. In effect, this constitutes a request for removal or waiver of those disqualifications, which preclude reenlistment.

APPLICANT STATES: In effect, to change his reenlistment code or grant an exception to policy so that he can reenlist in the Army and support the troops and our nations mission. Before the incident that caused his discharge, he was a highly trained soldier with conduct above reproach. The recruiter told him that he could reenlist. He tried to reenlist and was told that he needed to have his reentry code changed or to secure an exception to policy.

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

On 1 October 1985, after having prior active duty service the applicant enlisted in the Regular Army for 6 years. He was assigned military occupational specialty 71L20 (Administrative Specialist).

The applicant’s service record shows that he served in Korea from 11 October 1985 to 7 October 1986.

He reported for assignment at Fort Harrison, IN on or about 1 November 1986.

Between January and February 1988, the applicant was counseled on two separate occasions concerning dishonored checks and for suspension of his check cashing privileges.

On 16 June 1988, at the applicant’s request, his unit commander recommended that he be enrolled in the Track III, Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for drug dependency.

The DA Form 3647 (Inpatient Treatment Record Cover Sheet), filed in the applicant’s record shows that he was admitted to a treatment facility located at Fort Benjamin Harrison, IN on 5 July 1988, for alcohol abuse and a single drug use.

On 10 July 1988, the applicant was transferred to the Dwight D. Eisenhower Army Medical Center, Fort Gordon, GA. He was admitted to the Track III, Residential Treatment Facility (RTF), for treatment of a possible substance dependency disorder. His treatment plan was to attend alcoholics anonymous two times per week, attend weekly group therapy session, and to participate weekly in biochemical testing.

On 18 August 1988, after failing a urinalysis, the applicant was discharged from the RTF program as a rehabilitation failure.
On 15 September 1988, the applicant was notified by his unit commander that he was being recommended for a general discharge (GD) under the provision of Army Regulation 635-200 chapter 9, for Alcohol/Drug Abuse Rehabilitation Failure. The applicant was advised by legal counsel of the basis for the contemplated separation action and the rights available to him. He acknowledged notification; he requested consideration, personal appearance, and representation by counsel before a board of officers. He was afforded the opportunity to submit a statement in his own behalf. He stated, in effect, that he was a valuable asset to the Army. He was trained in three specialties infantry, combat engineer, and administration. He has served in the Army for ten years without any negative actions with the exception of passing three bad checks. He was going through a divorce coupled with a newborn baby and a highly stressful unrewarding job. He took a chance and asked the military for help. As a result he was sent to the RTF for a six-week course, he completed five weeks. This situation has developed into a dark period of his military career. Since returning from the RTF his life is better than it has been in two years. Applying what he learned while enrolled in the RTF, he has eliminated those stressors that caused him to overlook the realities. His family life is sound, his financial situation has improved with the help of a part-time job, and his military life is great due to his transfer to a new assignment. He has been involved in trying to repair the damage that has occurred in his life and he hasn’t felt the need or desire to drink or use drugs.

On 20 September 1988, a mental status evaluation and physical examination cleared the applicant for separation.

On 13 October 1988, the intermediate commander approved the recommendation for discharge.

On 7 November 1988, the applicant submitted a request for a Conditional Waiver. He voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service/description of separation not less favorable than honorable. He also requested to remain in the service until 16 December 1988.

On 21 November 1988, the appropriate authority approved the applicant’s request for the conditional waiver and directed the issuance of an Honorable Discharge Certificate.

On 16 December 1988, the applicant was honorably discharged in pay grade
E-6 under the provisions of Army Regulation 635-200, chapter 9. He completed a total of 10 years, 4 months and 3 days of creditable active service. He was assigned a reentry code of RE-3.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program). Therefore, since enlistment criteria do change, and since the applicant have the right to apply for a waiver, it is suggested that he periodically visit his local recruiting station to determine if he should apply for a waiver.

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. That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

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 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.

2. Army Regulation requires that prior to discharge or release from active duty individuals will be assigned RE codes base on their service records or the reason for discharge. Evidence of record shows that the applicant was properly assigned an RE code of RE-3 based on his reason for discharge, and that the RE code is waivable.

3. Therefore, there is no basis for removal of the RE code from the applicant’s record.

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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

__FNE __ __ BJE _ __WDB __ DENY APPLICATION

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

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INDEX

CASE ID	AR2002069423
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/09/10
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1988/12/16
DISCHARGE AUTHORITY	AR635-200, chap 9
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	100.0300
2.
3.
4.
5.
6.