| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Mr. Deborah S. Jacobs | Member | |
| Mr. Jose A. Martinez | Member |
2. The applicant requests that his reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from a "4" to a "3" so that he can enlist in the Army National Guard.
3. The applicant states that his separation code of JPD (alcohol abuse) is waivable. His RE code was erroneous and an injustice to him. The applicant cites his good post service conduct – education, sobriety, self employment. An Army National Guard battalion commander is willing to accept him, giving him a second chance. He was discharged in May 1998 at Fort Bragg, North Carolina for alcohol rehabilitation failure. His marriage was failing. He admitted himself into the Fort Gordon, Georgia alcohol rehabilitation center, completing treatment; however, he had a relapse because of his personal problems. His commanding officer convinced him to stay in his unit, instead of reassigning him. He was immature during that period of time. At the time of his separation, he did not understand the ramifications of a RE code of "4." He has paid the price for his misconduct. His platoon sergeant had a vendetta against him. He was urged to appeal his bar to reenlistment, but he could not deal with his problems.
4. The applicant goes on to say that since his separation he has been gainfully employed and going to school part time. He has been alcohol free. He has devoted many years to the Army and wants the opportunity to serve again. He submits with his request a copy of his DD Form 214, a copy of the Army Discharge Review Board decision upgrading his discharge to honorable, copies of awards and training certificates, a copy of a statement of support from an Associate Professor of Art at Kansas City Community College, a copy of a college transcript, and a copy of a business card, which he states shows that he is self-employed as an advertiser.
5. The applicant’s military records show that he served in the Army National Guard from October 1984 to May 1990. On 31 May 1990 he enlisted in the Regular Army for 4 years. He completed airborne training and served in Southwest Asia for 8 months in 1990-1991. He was discharged on 22 August 1994 with an honorable characterization of service. He reenlisted on 2 February 1995 and remained on continuous active duty until his discharge in 1998.
6. Evidence concerning the circumstances of his discharge is not available to this Board. His DD Form 214 shows that he was discharged on 18 May 1998 under the provisions of Army Regulation 635-200, chapter 9 for alcohol rehabilitation failure. His characterization of service was under honorable conditions (general). His separation code and RE code on that form are "JPD" and "4," respectively. He had over 7 years of active service and over 5 years of inactive service. His DD Form 214 shows award of the Army Lapel Button, Army Commendation Medal, 3 awards of the Army Achievement Medal, the Army Good Conduct Medal, the Southwest Asia Service Medal with 2 bronze service stars, the Parachutist Badge, the British Army Parachutist Wings, the Expert Infantryman Badge, and the Combat Infantryman Badge, among others.
7. On 23 May 2001, the Army Discharge Review Board, in a unanimous opinion, upgraded the applicant's discharge to honorable. The board found that the length and quality of the applicant's service, to include his many awards and decorations and service in Southwest Asia, mitigated his misconduct. The board, however, determined that the reason for his discharge was proper and equitable and voted not to change it.
8. Army Regulation 635-200, chapter 9, provides for the discharge of soldiers for alcohol or other drug abuse rehabilitation failure. A soldier who is enrolled in the ADAPCP (Alcohol Drug and Prevention Control Program) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program. The discharge of soldiers will be characterized as honorable or under honorable conditions.
9. Army Regulation 601-210 prescribes eligibility criteria for enlistment. Paragraph 3-22 of that regulation identifies the reentry eligibility (RE) codes. Those codes are used for administrative purposes only and used for identification of an enlistment processing procedure. The code RE-4 applies to persons separated from their last period of service with a non-waivable disqualification. This includes persons with prior service last discharged for drug or alcohol abuse, or as a rehabilitation failure during their last period of service.
10. Army Regulation 635-5-1 provides for separation program designator (SPD) codes, and the authorities and reasons for their usage. SPD code "JPD" indicates an involuntary discharge under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.
CONCLUSIONS:
1. The applicant's discharge for alcohol rehabilitation failure was proper. This, the applicant does not deny. Absent evidence to the contrary, the discharge proceedings were conducted in accordance with law and applicable regulations.
2. Correct, and in accordance with regulatory guidance, are his RE code of "4" and his SPD code of "JPD" on his DD Form 214. The applicant's contention that his RE code was incorrect and an injustice to him is wrong, and not borne out by the facts.
3. The evidence shows that the applicant was a good soldier despite his problems with alcohol; consequently, the Army Discharge Review Board deigned to upgrade his discharge to honorable. He has shown, by the nature of his service and by his good post service conduct that the upgrade was warranted.
Whether or not the applicant has overcome his alcoholism since his discharge, as he states, is not known. Nonetheless, it would appear that he is sincere – that he has refrained from alcohol and that he again wants to serve and is able do so. Consequently, as a matter of equity, the applicant should be given that opportunity.
4. Therefore, the applicant's RE code of "4" should be upgraded to "3." None of the other information contained in his upgraded discharge should be changed.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That the applicant's 18 May 1998 DD Form 214 be corrected to show a reentry code of "3."
BOARD VOTE:
__MHM__ __DSJ __ __JAM __ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___ Melvin H. Meyer_____
CHAIRPERSON
| CASE ID | AR2002081006 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030520 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.06 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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