RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 JULY 2004
      DOCKET NUMBER:   AR2003098406


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Samuel Crumpler               |     |Chairperson          |
|     |Mr. Stanley Kelley                |     |Member               |
|     |Mr. Mark Manning                  |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his reentry code on his DD Form 214
(Certificate of Release or Discharge from Active Duty) be changed in order
for him to have the opportunity to reenlist.

2.  The applicant states that he made his share of mistakes while on active
duty and he regrets them.  He realizes what the Armed Forces have to offer.
 His reentry code of "4" on his DD Form 214 prevents him from reenlisting,
which does not make any sense since he has an honorable discharge and is
entitled to all VA (Department of Veterans Affairs) benefits.  He is
currently drawing unemployment pay.  He believes that his reentry code is
incorrect.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army for 3 years on 10 March 2000.  Other
than his enlistment documents, his OMPF (Official Military Personnel File)
contains only two documents, certificates awarding him the Army Achievement
Medal for the period 12 June 2001 to 1 November 2001 while deployed to
Southwest Asia in support of Operation Panther Sentry; and for the period 9
September 2002 to 25 September 2002 for his achievement during his
battery's live fire exercise.  Both certificates show that he was assigned
to B Battery, 1st Battalion, 7th Air Defense Artillery.  The latter
certificate shows his rank as specialist (pay       grade E-4).

2.  There is no evidence and the applicant has not submitted any,
concerning his discharge proceedings.

3.  The applicant's DD Form 214 shows that he was discharged on 23 January
2003 under the provisions of Army Regulation 635-200, chapter 9, because he
was an alcohol rehabilitation failure.  He was discharged in pay grade E-1.
 His character of service was honorable.  His reentry code on that form is
"4."  He had 2 years, 10 months, and 14 days of service.

4.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 9-2 of that regulation states,
in effect, that a Soldier enrolled in the alcohol and drug abuse prevention
and control program may be separated because of inability or refusal to
participate in, cooperate in, or successfully complete such a program when
there is a lack of potential for continued Army service and rehabilitation
efforts are no longer practical.  The service of Soldiers discharged will
be characterized as honorable or under honorable conditions.

5.  Pertinent Army regulations provide that prior to discharge or release
from active duty, individuals will be assigned reentry (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, and
prescribes basic eligibility for prior service applicants for enlistment.
It includes a list of armed forces RE codes, including RA RE codes, and
states that code RE-4 applies to persons separated from last period of
service with a nonwaivable disqualification.  A nonwaivable
disqualification includes prior service personnel who were last discharged
from any component of the Armed Forces because of drug or alcohol
rehabilitation failure.

DISCUSSION AND CONCLUSIONS:

1.  Absent evidence to the contrary, the applicant's discharge because of
alcohol rehabilitation failure, is correct.  Thus, his reentry code is
correct, as is the character of his discharge.  There is no error.

2.  Although the applicant's service was honorable, he had a problem with
alcohol, and he either would not or could not overcome this problem;
consequently, he was discharged.  Obvious is the fact that the Army does
not want to retain a Soldier who could not help himself, nor does the Army
want such a person back into the Army.  There is no injustice done to the
applicant.

3.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SC __  __SK ___  ___MM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ___ Samuel Crumpler______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003098406                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040713                                |
|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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