RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            4 August 2005
      DOCKET NUMBER:   AR20040010721


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |Member               |

      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, in effect, a change to her reentry (RE) code.

2.  The applicant states, in effect, her RE code should be changed from RE-
4 to RE-1 based on the merits of the Army Discharge Review Board (ADRB)
decision to upgrade the characterization of her discharge from general,
under honorable conditions to honorable.  She also indicates she would like
to reenlist in the Army and have a career as a Soldier.

3.  The applicant provides a self-authored statement and the ADRB
proceedings in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows she enlisted in the Regular Army and
entered active duty on 3 February 1995.  She was trained in, awarded and
served in military occupational specialty (MOS) 77F (Petroleum Supply
Specialist), and the highest rank she attained while serving on active duty
was specialist (SPC).

2.  The applicant’s record further shows that during her active duty
tenure, she earned the National Defense Service Medal, Army Service Ribbon,
and Marksman Qualification Badge with Rifle Bar.  The record documents no
acts of valor, or significant achievement.

3.  The applicant’s disciplinary history includes her acceptance of
nonjudicial punishment (NJP) under the provisions of Article 15 of the
Uniform Code
of Military Justice (UCMJ) on 4 December 1997, for operating a passenger
car while drunk.  Her punishment for this offense included a reduction to
private/E-1 (PV1).

4.  On 4 November 1997, the applicant was enrolled in the Army Drug and
Alcohol Prevention Control Program (ADAPCP) for alcohol dependence.  The
applicant’s unit commander in consultation with the clinical director of
the ADAPCP declared the applicant a rehabilitation failure.  Based on this
action, the unit commander notified the applicant of the intent to separate
her under the provisions of chapter 9, Army Regulation 635-200 with a
general, under honorable conditions discharge (GD).

5.  On 20 February 1998, the applicant consulted with legal counsel and was
advised of the basis for the contemplated separation and its effects, the
rights available to her and the effect of a waiver of those rights.
Subsequent to this counseling, she elected not to submit a statement in her
own behalf.
6.  On 2 March 1998, the separation authority approved the applicant’s
separation and directed she receive a GD.  On 20 March 1998, the applicant
was discharged accordingly.  The separation document (DD Form 214) she was
issued at the time confirms she completed a total of 3 years, 1 month and
18 days of active military service.  This document also shows she was
separated under the provisions of chapter 9, Army Regulation 635-200, by
reason of alcohol rehabilitation failure, and was assigned a separation
program designator (SPD) code of JPD and an RE code of RE-4.

7.  On 16 August 2002, the ADRB determined that the applicant’s overall
record of service supported an upgrade of the characterization of her
discharge from under honorable conditions to fully honorable.  However, the
ADRB concluded the reason for her separation was proper and equitable, and
it voted not to change it.

8.  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-4 applies to persons who are permanently
disqualified for continued Army service.

9.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating Soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  It states, in
pertinent part, that the SPD code of JPD is the appropriate code to assign
to Soldiers separated under the provisions of chapter 9, Army Regulation
635-200, by reason of alcohol rehabilitation failure.  The SPD/RE Code
Cross Reference Table included in the regulation establishes RE-4 as the
proper code to assign members separated with this SPD code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to upgrade her RE code and the supporting
documents she submitted were carefully considered.  However, the evidence
of record confirms her separation processing was accomplished in accordance
with the applicable regulation.  All requirements of law and regulation
were met, and her rights were fully protected throughout the separation
process.
2.  The record also shows the ADRB voted to upgrade the characterization of
the applicant’s discharge based on her overall record of service.  However,
during its review of her case, the ADRB also concluded that the reason for
her separation was proper and equitable, and it voted not to change it.

3.  By regulation, the RE-4 code assigned the applicant was the proper code
to assign members separating under the provisions of chapter 9, Army
Regulation
635-200 for alcohol rehabilitation failure.  As a result, the RE-4 code
assigned was and still is appropriate based on the authority and reason for
her separation.

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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEA__  ___RTD   ___LMD__  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.




            ____James E. Anderholm___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010721                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/04                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1998/03/20                              |
|DISCHARGE AUTHORITY     |AR 635-200 C9                           |
|DISCHARGE REASON        |Alcohol Rehab Failure                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  04   |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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