RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 August 2006
      DOCKET NUMBER:   AR20060001057


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcell                |     |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 separation (RE) code be changed to a
more favorable code that will allow him to reenlist.

2.  The applicant states that he desires to reenlist back into the military
to prove to his family that he is combat ready to support his country.  He
continues by stating that his life has changed 180 degrees and he needs to
come back into the military for a better life style.

3.  The applicant provides documents related to his residence at a recovery
home for men, a copy of his report of separation, a letter of explanation
from the applicant and a security debriefing statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 28 February 2001.  The application submitted in this case was
received on 24 January 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s records were not available for review by the Board.
However, the DD Form 214 provided by the applicant shows that he enlisted
on 5 April 1999 and was promoted to the pay grade of E-2 on 1 October 1999.


4.  He completed his training and was transferred to Korea, where he served
for 1 year as a multichannel transmission systems operator/maintainer
before being transferred to Fort Gordon, Georgia.

5.  On 28 February 2001, he was discharged under honorable condition under
the provisions of Army Regulation 635-200, chapter 9, due to Alcohol
Rehabilitation Failure.  He had served 1 year, 10 months and 26 days of
total active service and was awarded a RE Code of “4”.

6. 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.

7.  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 reason for discharge.  Army Regulation 601-210 covers
eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army (RA) 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,
including RA RE codes.

8.  RE-4 indicates that a person is not qualified for continued Army
service by virtue of being separated from the service with a nonwaivable
disqualification.  The applicable regulations direct that an RE Code of 4
be issued for a SPD of “JPD”, which indicates separation due to alcohol
rehabilitation failure.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that
the applicant was properly separated in accordance with the applicable
regulations with no violations of any of his rights.

2.  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.

3.  The applicant was separated under the provisions of Army Regulation
   635-200, chapter 9, for alcohol rehabilitation failure and was properly
issued a separation code of “JPD” and an RE code of “4” in accordance with
the applicable regulations
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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 2001; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 February 2004.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MP __  ____MF _  ____GP_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  _____Margaret Patterson____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001057                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |(GD-UHC)                                |
|DATE OF DISCHARGE       |20010228                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 9                        |
|DISCHARGE REASON        |ALCOHOL REHAB FAILUER                   |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |4/RE CODE                               |
|1.100.0300              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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