RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050005322


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Ms. Maribeth Love                 |     |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 that his Reentry Eligibility (RE) code of RE-4
be changed to a more favorable RE code.

2.  The applicant states, in effect, a statement in his discharge
proceedings indicates he will be ineligible for reenlistment for two years.
 He states that his DD Form 214 (Certificate of Release or Discharge from
Active Duty) reflects his RE code as "4," which means he can not reenlist
at all.

3.  The applicant provides his separation notification.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 May 2003 for a period
of six years.  He completed the required training and was awarded military
occupational specialty 92R (Parachute Rigger).

2.  On an unknown date, the applicant was enrolled in the Alcohol and Drug
Abuse Prevention and Control Program (ACAPCP).  The assessment summary is
not available.  After consultation with the ADAPCP rehabilitation team, the
applicant's unit commander declared him a rehabilitation failure and
determined that further rehabilitation efforts would not be practical.

3.  On 15 October 2004, the applicant’s commander submitted a
recommendation to discharge the applicant from the service under the
provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug
abuse rehabilitation failure with a general, under honorable conditions
discharge.  He was advised of his rights.  On 15 October 2004, the
applicant acknowledged receipt of his pending separation.  He acknowledged
he had been advised of his right to consult with counsel prior to making
any election of rights.

4.  On 19 October 2004, the applicant consulted with legal counsel of the
basis for the contemplated action to separate him for alcohol or other drug
abuse rehabilitation failure and its effect and elected not to submit
statements in his own behalf.  He acknowledged he further understood that
he would be ineligible to apply for enlistment in the United States Army
for a period of 2 years after discharge.




5.  On 20 October 2004, the unit commander recommended the applicant be
separated from the United States Army prior to expiration of his current
term of service.  The unit commander stated the applicant continued to
abuse alcohol and failed to meet ADAPCP program goals and indicated the
applicant received 19 counseling statements from 8 April 2004 through 11
September 2004.

6.  The separation authority approved the recommendation for separation
under the provisions of Army Regulation 635-200, chapter 9, for alcohol or
other drug abuse rehabilitation failure and directed issuance of a General,
Under Honorable Conditions Discharge Certificate.

7.  The applicant was discharged on 29 October 2004 under the provisions of
Army Regulation 635-200, chapter 9 based on alcohol rehabilitation failure.
 Although the separation authority directed issuance of a general, under
honorable conditions discharge, his DD Form 214 shows he was issued an
honorable discharge.  He completed 1 year, 5 months and 17 days of active
military service.

8.  His DD Form 214 shows he was given a RE code of RE-4 and a Separation
Program Designator (SPD) code of "JPD" (Alcohol Rehabilitation Failure).

9.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.   Chapter 9 contains the authority and
outlines the procedures for discharging individuals because of alcohol or
other drug abuse.  A member who has been referred to ADAPCP for
alcohol/drug abuse may be separated because of inability or refusal to
participate in, cooperate in, or successfully complete such a program if
there is a lack of potential for continued Army service and rehabilitation
efforts are no longer practical.  At the time of the applicant’s separation
an honorable or general discharge was authorized.  However, an honorable
discharge was required if restricted use information was used.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes)
prescribes the specific authorities (regulatory, statutory, or other
directives), the reasons for the separation of members from active military
service, and the separation program designators to be used for these stated
reasons.  The regulation shows that the separation program designator “JPD”
as shown on the applicant’s DD Form 214 specifies the narrative reason for
discharge as “Alcohol Rehabilitation Failure” and that the authority for
discharge under this separation program designator is “AR 635-200, chapter
9."  Additionally, SPD/RE Code Cross Reference Table, in effect at the
time, established RE Code 4 as the proper reentry code to assign to
Soldiers separated for this reason.

11.  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.  Paragraph 3-6 also states that RE codes are
not upgraded unless they are administratively incorrect when originally
issued.  Table 3-6 of Army Regulation 601-210, in effect at the time, lists
the Armed Forces RE Codes.  In pertinent part, this table states that RE-4
applies to persons with nonwaivable disqualifications including adverse RE
codes.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.

2.  The applicant’s DD Form 214 shows he was discharged with a separation
code of “JPD” (Alcohol Rehabilitation Failure) and was assigned an RE code
of RE-4 in accordance with the governing regulation in effect at the time.

3.  While his separation notification indicated he would be unable to
reenlist for a period of 2 years after discharge, the applicant has not
provided any evidence and there is no evidence of record which shows the RE
code issued to him was administratively incorrect, in error or unjust.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JM______  RS______  ML______  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.




                                  John Meixell__________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005322                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]