RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            30 November 2006
      DOCKET NUMBER:   AR20060006881


      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 Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Lewy                   |     |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 to a code
that will allow him to reenter the Army.

2.  The applicant states that he would like the opportunity to re-join the
Army and defend his country again.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted with a moral waiver for the wrongful possession
of marijuana on 26 March 2002, for a period of 3 years and training as a
water treatment specialist.  He completed his basic combat training at Fort
Jackson, South Carolina and his advanced individual training at Fort Lee,
Virginia before being assigned to Fort Hood, Texas.  He was advanced to the
pay grade of E-3 on 1 February 2003.

2.  On 6 March 2003, nonjudicial punishment was imposed against him for the
wrongful use of cocaine.  His punishment consisted of a reduction to the
pay grade of E-1, a forfeiture of pay, extra duty and restriction.

3.  The applicant was command referred to the Army Substance Abuse Program
(ASAP) on 3 July 2003.  He was enrolled in the outpatient program for
alcohol dependence on 10 July 2003.

4.  On 15 November 2003, the applicant was cited in a military police
report for assaulting his wife and being arrested by civil authorities.  He
was released from civil confinement on 16 December 2003.

5.  On 22 January 2004, the applicant was counseled by his squad leader for
disobeying a direct order to stay away from his wife due to a restraining
order against him and for being arrested by civil authorities for public
intoxication.  He underwent alcohol detoxification on 19 February 2004.

6.   He was referred to impatient treatment on 26 January 2004 and departed
for Eisenhower Army Medical Center, Fort Gordon, Georgia on 19 February
2004.

7.  On 9 April 2004, he was arrested by the military police for driving
under the influence of alcohol (DWI).

8.  His records also show that he was counseled on numerous occasions for
failure to go to his place of duty and substandard duty performance.

9.  The applicant failed to keep his ASAP appointments on 29 April, 6, 13
and
14 May 2004.  He was declared a rehabilitation failure.

10.  On 30 June 2004, the applicant’s commander notified him that he was
initiating action to separate him from the service under the provisions of
Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.

11.  After consulting with counsel, the applicant submitted a request for a
conditional waiver in which he agreed to waive all of his rights in return
for receiving no less than a general discharge.

12.  The appropriate authority approved the recommendation for discharge on
13 July 2004 and directed that the applicant be furnished with a General
Discharge Certificate.

13.  Accordingly, he was discharged under honorable conditions on 30 July
2004, under the provisions of Army Regulation 635-200, chapter 9, for
alcohol rehabilitation failure.  He had served 2 years, 3 months and 2 days
of total active service and was furnished a separation code of “JPD” and a
RE Code of “4”.

14.  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.

15.  Army Regulation 635-5-1 provides that a separation code of “JPD” will
be issued to enlisted personnel separated from the service under the
provisions of Army Regulation 635-200, chapter 9, due to alcohol
rehabilitation failure.  A RE Code of “4” is issued for a “JPD” separation
code.

16.  A RE code of 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 such as commission of serious offenses, which
includes the abuse of illegal drugs.



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 indication of any violations
of the applicant’s rights.

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 a RE Code of “4” in accordance with
the applicable regulations.

4.  Inasmuch as the applicant has failed to show through the evidence
submitted or the evidence of record that the RE code issued to him at the
time of his separation was in error or unjust, there appears to be no basis
to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WC__  ___AM __  ___DL __  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 Crain________
                                           CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060006881                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |(GD-UHC)                                |
|DATE OF DISCHARGE       |20040730                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 9                        |
|DISCHARGE REASON        |ASAP 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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