RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            09 November 2006
      DOCKET NUMBER:   AR20060005447


      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. Maragret Patterson            |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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 be
changed from a “4” to a more favorable code.

2.  The applicant states, in effect, that he desires to have his RE Code
changed from a “4” to a more favorable code that will allow him to continue
his military service as a married man because he has stopped being an
alcoholic and is sober forever.

3.  The applicant provides a copy of his separation orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 September 2003 for a
period of 3 years and training as an armor crewman.  He completed his one
station unit training (OSUT) at Fort Knox, Kentucky and was transferred to
Korea for assignment to the 2nd Infantry Division.  He was advanced to the
pay grade of E-3 on 1 October 2004.

2.  On 25 May 2005, nonjudicial punishment was imposed against him for
committing an indecent assault on a female private by slapping her on the
buttocks with intent to gratify his sexual desires, and for making a false
official statement.  His punishment consisted of a reduction to the pay
grade of E-2, extra duty, and restriction.  He did not appeal his
punishment.

3.  The commander also referred the applicant to the Army Substance Abuse
Program (ASAP) Track II.

4.  On 18 July 2005, the applicant was observed by the charge of quarters
(CQ), a noncommissioned officer (NCO), being carried into the barracks in
an inebriated state by another Soldier.  The NCO directed the applicant to
go to his room and the applicant became disrespectful in language towards
the NCO.

5.  On 29 July 2005, the applicant was declared a rehabilitation failure of
the ASAP Track II due to an alcohol related incident while still enrolled
in treatment.  The ASAP Clinical Social Worker further indicated that the
applicant had acknowledged that he had continued to drink alcohol while
enrolled in the ASAP.


6.  On 30 August 2005, the applicant was informed by his commander that
action was being initiated to separate him from the service under the
provisions of Army Regulation 635-200, chapter 9, for alcohol
rehabilitation failure.

7.  The applicant consulted with counsel and elected not to submit a
statement in his own behalf.

8.  On 4 October 2005, the appropriate authority approved the
recommendation for discharge and directed that he be furnished a General
Discharge Certificate.

9.  Accordingly, he was discharged under honorable conditions on 21 October
2005, under the provisions of Army Regulation 635-200, chapter 9, due to
alcohol rehabilitation failure.  He had served 2 years, 1 month, and 6 days
of total active service and was issued a separation code of “JPD” and an RE
Code of “4.”

10.  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.

11.  Army Regulation 601-210 determines Regular Army and United States Army
Reserve reentry eligibility and provides regulatory guidance on the RE
Codes.  It provides, in pertinent part, that Soldiers separated for Alcohol
Rehabilitation Failure will be issued a separation code of “JPD” and an RE
Code of “4.”

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 this requirement.

2.  The applicant’s administrative separation was accomplished in
accordance with applicable regulations with no evidence of any violations
of the applicant’s rights.  Accordingly, he was given the proper narrative
reason for his separation and the corresponding RE Code required by the
applicable regulations.

3.  The applicant’s contentions have been noted; however, his overall
record of service and the circumstances surrounding his discharge do not
warrant a change to his RE Code.

4.  Accordingly, there appears to be no basis to change his RE Code at this
time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MP__  ____RR__  ___EF __  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.





                                  ____Margaret Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005447                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |GD-UHC                                  |
|DATE OF DISCHARGE       |20051021                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 9                        |
|DISCHARGE REASON        |Alcohol Rehab Failure                   |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |680/A69.00                              |
|144.6900                |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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