RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20050015373


      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. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, that his reentry (RE) code of RE-4
be upgraded to RE-3.

2.  The applicant states, in effect, that while on active duty he made a
series of bad choices with alcohol.  The result of his choices was a
discharge from active duty and receiving an RE-4.  This reentry code has
prevented him from reenlisting into the military.  He further states, that
time and age has allowed him to grow and he now realizes the consequences
of his poor actions. He realizes that in order to enlist he must have
waiver.  A waiver can not be submitted until his Re code is upgraded.

3.  The applicant provides four character references, and a self-authored
letter in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 25 July 2001.  The application submitted in this case is
dated
24 October 2005.

2.  The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 9 February 1998, for a period of 4 years.  He was
trained in, awarded and served in military occupational specialty (MOS)
14R10 (Bradley Linebacker Crewmember), and the highest rank he attained
while serving on active duty was pay grade E-4.  The applicant’s record
documents no acts of valor, significant achievement, or service warranting
special recognition.

On 21 August 2000, the applicant enrolled in the Army Drug and Alcohol
Prevention Control Program (ADAPCP) for alcohol and Cannabis abuse.

In January 2001, the applicant’s commander received a Rehabilitation
Summary Letter from the ADAPCP in reference to the applicant’s progress in
the rehabilitation program.  The letter stated in effect, that the
applicant was a rehabilitative failure because of his continued abuse of
Marijuana and alcohol while enrolled in the ADAPCP.  It was recommended
that the applicant be separated from military service under the appropriate
regulation.

On 31 January 2001, the commander notified the applicant that he was being
recommended for discharge under the provisions of Army Regulation 635-200,
chapter 9, for rehabilitation failure with an Honorable Discharge
Certificate.  The unit commander’s recommendation was based on the
applicant’s action, which indicated that he could not be rehabilitated for
productive military service.  The applicant was advised by legal counsel of
the basis for the contemplated separation action and the rights available
to him; he waived consideration, personal appearance, and representation
before a board of officers.  He was afforded the opportunity to submit
statements in his behalf, but he declined to do so.

On 12 February 2001, the applicant completed a separation physical and was
found qualified for separation.

The appropriate authority approved the separation action on the applicant
and directed that he receive an honorable discharge and that the narrative
reason for separation be “Alcohol Rehabilitation Failure”.  On 25 July
2001, the applicant was discharged accordingly.  The DD Form 214, he was
issued shows that he completed a total of 3 years, 5 months and 17 days of
creditable active military service.  He was assigned a separation program
designator (SPD) code of JPD and an RE code of RE-4.

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.

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 Army Regulation 635-200, chapter
9, as an Alcohol Rehabilitation Failure.  RE-4 is the proper code to assign
members separated with this SPD code.

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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions were carefully considered.  However, by
regulation, the RE-4 code assigned to the applicant was the proper code to
assign members separating under the provisions of Army Regulation 635-200,
Chapter 9.  As a result, the RE-4 code and the narrative reason for
separation were and still are appropriate.

2.  The evidence of record confirms the applicant’s separation processing
was accomplished in accordance with the applicable regulation.  This
includes the assignment of his SPD and RE codes.  All requirements of law
and regulation were met and the rights of the applicant were protected
throughout the separation process.

3.  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.

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


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JTM___  __JCR__  __EEM __  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 T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/07/27                              |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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