RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            01 JUNE 2006
      DOCKET NUMBER:   AR20050014641


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. David Haasenritter            |     |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 (RE) Code be changed from a “3”
to a “1.”

2.  The applicant states, in effect, that he was unjustly terminated from
military service because he unknowingly gave liquor to a minor during a
Christmas Holiday celebration.  Because he was the oldest, nonjudicial
punishment was imposed against him and he was remanded to seek counseling
in the Alcohol Drug Abuse Prevention Control (ADAPC) Program.  He continues
by stating that in no way has he ever had a dependency on any substances
legal or illegal.

3.  The applicant provides four third party character references in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  Although there is no report of separation contained in the available
records, his records indicate that he served in the Marine Corps from 6
July to 24 July 1998.

2.  He was born on 19 June 1980.  He enlisted with an RE Code and moral
waiver in Miami, Florida, on 31 October 2001, for a period of 5 years;
training as a medical laboratory specialist; and a cash enlistment bonus of
$7,000.

3.  He completed his basic combat training at Fort Sill, Oklahoma, and was
transferred to Fort Sam Houston, Texas, to undergo his advanced individual
training (AIT).  He did not complete that training and was transferred to
Fort Benning, Georgia, to undergo training as a light weapons infantryman.

4.  He completed his AIT and was transferred to Fort Wainwright, Alaska, on
9 October 2002.

10.  On 28 October 2002, he was counseled regarding his loss of his room
keys and his poor job performance.  He was again counseled on 25 November
2002 for supplying liquor to a minor and having alcohol in the barracks, in
violation of a company policy letter.  He was also counseled regarding his
failure to show up at his pre-deployment inspection and informed his
supervisor that he was passed out drunk at his girlfriend’s house.

11.  On 27 November 2002, he was counseled on his poor job performance and
the fact that he had already been counseled three times since his arrival a
month prior.  He was also counseled regarding his drinking habits and was
advised that he needed to improve in all areas of his performance and
appearance and it was suggested that he refer himself to the Army Substance
Abuse Program (ASAP).  The applicant stated that he did not have a drinking
problem.

12.  On 6 December 2002, he was counseled on his failure to make the
platoon run standard during morning physical training and his overall
unsatisfactory job performance.  It was also noted that he had been
drinking the night before and he had alcohol on his breath.  The applicant
utilized the commander’s open-door policy and admitted he had a drinking
problem.  Although he had alcohol on his breath, he was allowed to self-
refer himself to the ASAP at Fort Wainwright for alcohol abuse on that
date.

13.  On 27 December 2002, he was counseled for coming to work with the
smell of alcohol on his breath.  He was taken to the military police
station where a breathalyzer test was administered and it was determined
that he was drunk on duty.  The commander also placed the applicant on pass
restriction and advised him that he was not to consume any alcohol or drive
a vehicle while on restriction.

14.  On 30 December 2002, the applicant was deemed an alcohol
rehabilitation failure.

15.  On 31 December 2003, while still on post-restriction, he was seen in
an    off-post drinking establishment consuming alcohol.

16.  On 31 January 2003, the applicant was ordered by his commander to
undergo a separation physical examination and to sign the order
acknowledging that he had received the order.  The applicant refused to
sign the order.

17.  On 18 February 2003, the applicant’s commander initiated action to
separate him from the service under the provisions of Army Regulation 635-
200, chapter 9 for alcohol rehabilitation failure.  The applicant refused
to acknowledge that he had been informed of the commander’s intentions by
refusing to sign the acknowledgement of counseling.

18.  The appropriate authority approved the recommendation for discharge on
28 February 2003 and directed that he be furnished a General Discharge
Certificate.

19.  Accordingly, he was discharged under honorable conditions on 7 March
2003, under the provisions of Army Regulation 635-200, chapter 9, for
Alcohol Rehabilitation Failure.  He had served 1 year, 4 months, and 7 days
of total active service and was issued a RE Code of “3.”

20.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 9 of that regulation contains
the authority and outlines the procedures for discharging individuals
because of alcohol and/or drug abuse.  A member may be separated because of
inability or refusal to participate in, or successfully complete a
rehabilitation program if there is a lack of potential for continued Army
service and rehabilitation efforts are no longer practical.
Characterization of service will be determined solely by the soldier’s
military record that includes the soldier’s behavior and performance during
the current enlistment.  An honorable discharge is a separation with honor
and is appropriate when the quality of the soldier’s service generally has
met the standards of acceptable conduct and performance of duty.  A general
discharge is a separation from the Army under honorable conditions.  It is
issued to soldiers whose military record is satisfactory but not
sufficiently meritorious to warrant an honorable discharge.

21.  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
processing into the Regular Army and the USAR.  Chapter 3 of that
regulation prescribes basic eligibility for prior service applicants for
enlistment.  That chapter includes a list of armed forces RE codes.

22.  RE-3 applies to persons not qualified for continued Army service, but
the disqualification is waivable.  Certain persons who have received
nonjudicial punishment are so disqualified, as are persons with bars to
reenlistment, and those discharged under the provisions of chapters 5, 9,
10, 13, 14, and 16 of Army Regulation 635-200.  A waiting period of 2 years
from separation is required before a waiver may be submitted through a
local recruiting office.

DISCUSSION AND CONCLUSIONS:

1.  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 that requirement.

2.  The applicant’s administrative separation was accomplished in
accordance with applicable regulations with no indication of any violations
of the applicant’s rights.
3.  The applicant was separated under the provisions of Army Regulation
   635-200, chapter 9; therefore, he was properly issued an RE Code of RE-3
in accordance with the applicable regulations.

4.  The applicant’s contentions and letters of support have been noted.
However, they are not sufficiently mitigating to warrant relief when
compared to his undistinguished record of service during such a short
period of time.

5.  The applicant has failed to show through the evidence submitted or the
evidence of record that he was issued the wrong RE Code at the time of his
separation.  Although, he is not precluded from applying for a waiver of
his RE Code at a nearby recruiting office, there is no basis for the Board
to change his RE Code at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WP__  ___TR___  __DH ___  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.





                                  ______William Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014641                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060601                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |20030307                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 9                        |
|DISCHARGE REASON        |ALCOHOL REHAB FAILURE                   |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |4/RE CODE                               |
|1.100.0300              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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