| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Ms. JoAnn H. Langston | Chairperson | ||
| Ms. Margaret V. Thompson | Member | ||
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That his reentry (RE) code be changed.
APPLICANT STATES: That his RE code of 4 is affecting him in seeking future employment with the Government. He provides a copy of his Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 23 September 1997. He completed basic training and advanced individual training and was awarded military occupational specialty 25M (Illustrator). He completed basic airborne training.
On 11 January 2000, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for physically controlling a passenger vehicle when his breath alcohol content registered .13 percent.
The applicant was enrolled in the Substance Abuse Rehabilitation Service (SARS) program on 4 January 2000.
Apparently on 23 March 2000, the applicant and some friends went out to celebrate his successful completion of the SARS program by having some drinks. He apparently fell asleep in his car and was awakened by the local police who took him back to the installation. His SARS paperwork had not yet been processed.
A 10 April 2000 statement from a SARS psychologist noted that the applicant continued to use and abuse alcohol which resulted in an alcohol-related incident. A rehabilitation team meeting was held on 10 April 2000. As a result of this consultation, the applicant was declared a rehabilitation failure.
On 13 April 2000, a mental status evaluation found the applicant to have the mental capacity to understand and participate in proceedings and to be mentally responsible. He was psychiatrically cleared for any administrative action deemed appropriate by his command. (A memorandum dated 14 April 2000 signed by the Chief, Inpatient Psychiatry Service stated, "The soldier does have a psychiatric condition which would warrant disposition through medical channels. The soldier is psychiatrically cleared for whatever administrative action deemed appropriate by command." The first sentence is presumed to have a typographical omission ("does NOT have") as this medical officer earlier in the memorandum stated the applicant met the retention standards of Army Regulation 40-501.)
On 19 April 2000, the applicant completed a separation physical examination and was found to be qualified for separation.
On 15 May 2000, the applicant's commander initiated separation action on him under the provisions of Army Regulation 635-200, chapter 9 for alcohol rehabilitation failure.
On 15 May 2000, the applicant acknowledged notification of the action and indicated he would submit a statement. He failed to do so within the given time frame.
On 30 May 2000, the appropriate authority approved the recommendation and directed the applicant be given an honorable discharge.
On 23 June 2000, the applicant was honorably discharged, in pay grade E-2, under the provisions of Army Regulation 635-200, chapter 9. He had completed 2 years, 9 months, and 1 day of creditable active service and had no lost time. He was given a separation designator code (SPD) of JPD (involuntary discharge for alcohol rehabilitation failure) and an RE code of 4.
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 an alcohol or drug rehabilitation 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 601-210 covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army (RA) and the U.S. 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 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross Reference Table states that when the SPD is JPD then RE code 4 will be given.
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. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. The RE code of 4 is correct given the reason for his separation.
3. 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
__JHL__ __MVT__ ___RTD__ DENY APPLICATION
| CASE ID | AR2002076392 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/10/17 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090013185
Accordingly, the applicant was honorably discharged on 5 August 2008 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 9, by reason of alcohol rehabilitation failure. Discharge under this chapter is based upon alcohol or other drug abuse such as illegal, wrongful, or improper use of any controlled substance, alcohol, or other drug when the Soldier is enrolled in the ASAP and the commander determines that...
ARMY | BCMR | CY2008 | 20080013152
Application for correction of military records (with supporting documents provided, if any). He further states that following the applicant's final deployment to Iraq, he began to have problems with alcohol and was command-referred to the Alcohol and Substance Abuse Prevention Program (ASAP) and enrolled for treatment on 20 October 2004. A SPD code of JPD applies to persons who are separated by reason of alcohol rehabilitation failure under the provisions of chapter 9, Army Regulation 635-200.
ARMY | BCMR | CY2008 | 20080002928
Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge. It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply. The evidence shows that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 9, for Alcohol Rehabilitation Failure.
ARMY | BCMR | CY2007 | 20070012638
The applicant was further advised that he was being recommended for a general under honorable conditions discharge with the reason for discharge as alcohol abuse rehabilitation failure. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) shows the entry "JPD" denotes separation for Alcohol or Other Drug Abuse Rehabilitation Failure. The author stated, in effect, that the applicant had struggled with alcohol abuse while on active duty.
ARMY | BCMR | CY2008 | 20080020031
The applicant was referred to the Army Substance Abuse Program (ASAP) on 2 January 2008. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) lists her reason for separation as under the provisions of Army Regulation 635-200, chapter 9, Alcohol Rehabilitation Failure with a separation program designator (SPD) of JPD and an RE code of 4. The applicant was separated as an alcohol and inhalant abuse rehabilitation failure.
CG | BCMR | Discharge and Reenlistment Codes | 2009-214
No drinking and driving.” On July 3, 2008, the applicant’s commanding officer (CO) advised the applicant that he was recommending his separation from the Coast Guard for unsuitability due to alcohol abuse. On July 3, 2008, the CO recommended to Commander, Coast Guard Personnel Command (CGPC) that the applicant be discharged from the Coast Guard by reason of unsuitability due to alcohol abuse. Therefore, the Coast Guard acted within the authority of Chapter 20 of the Personnel manual by...
ARMY | BCMR | CY2010 | 20100011922
In a letter, the military substance abuse counselor stated that on 11 December 2006, the applicant had referred himself to the Army Substance Abuse Program (ASAP) clinic. Army Regulation 635-200 states 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. After failing the Army ASAP program which included a 30-day in-patient hospitalization followed by a driving under the influence charge, the...
ARMY | BCMR | CY2006 | 20060010523C071029
On 7 January 2001, the applicant was honorably discharged, under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure. He was given a separation program designator (SPD) code of JPD (separation for alcohol rehabilitation failure under the provisions of Army Regulation 635-200, chapter 9) and an RE code of 4. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
CG | BCMR | Alcohol and Drug Cases | 2000-127
On , the applicant's CO informed him that he was being recommended for discharge from the Coast Guard because he had been involved in a third alcohol incident. states that an enlisted member involved in a third alcohol incident will be processed for separation from the Coast Guard. The reason for the applicant's separation was his involvement in a third alcohol incident, not "alcohol rehabilitation failure."
ARMY | DRB | CY2008 | AR20080006331
The separation authority approved the applicant's discharge under the provisions of AR 635-200, Chapter 9, alcohol or other drug rehabilitation failure. Furthermore, according to AR 635-5-1, Separation Program Designator (SPD) codes, the narrative reason for separation should have been "alcohol rehabilitation failure" and the separation (SPD) code "JPD." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to:...