RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2006
      DOCKET NUMBER:  AR20060007546


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 eligibility (RE) code RE-4 be
upgraded.

2.  The applicant states, in effect, that his family problems led him to
make wrong decisions.  Also, he states that his problem with drinking
alcohol has been resolved; he is sober and actively involve in helping
other Soldiers with their alcohol problems and he would like to do more by
reenlisting.

3.  The applicant provides:

     a.  a copy of his DD Form 214 (Certificate of Release or Discharge
from Active Duty); and

     b.  a copy of a statement, dated 31 October 2005.  In this statement,
the applicant states, in effect, that he enjoyed being in the U.S. Army as
an engineer and that he regretted very much the type of discharge he
received.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 28 April 1998, the date of his discharge from active duty.  The
application submitted in this case is dated 17 January 2006; however, it
was received on  
25 May 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 record shows he entered active duty on 2 January 1997.
He attended basic combat training and advanced individual training, and was
awarded military occupational specialty 12B1O (Combat Engineer).

4.  His records reveal several sworn statements that show he attempted to
commit suicide on 4 July 1997.

5.  The applicant received several verbal counseling from his leadership
and chain of command.  His records show that he was command-referred to the
community counseling center for alcohol abuse.

6.  On 17 September 1997, the applicant was enrolled in the Army Drug and
Alcohol Prevention and Control Program (ADAPCP) outpatient treatment
program for alcohol dependence.

7.  On 29 December 1997, the applicant accepted nonjudicial punishment
under the provisions of Article 15, Uniform Code of Military Justice
(UCMJ), for wrongful use of marijuana.  His punishment consisted of a
reduction to the grade of private E-1, forfeiture of $400.00 per month for
two months, and restriction and extra duty for 45 days.

8.  On 8 January 1998, the applicant failed the ADAPCP outpatient treatment
program due to continued abuse of alcohol, and an unwillingness or
inability to meet the needs and demands of the Army.  The applicant's
commander recommended that he be discharged under the provisions of Army
Regulation 635-200 (Active Duty Enlisted Administrative Separation),
Chapter 9 for Alcohol or Other Drug Abuse Rehabilitation Failure.

9.  On 17 April 1998, the applicant consulted with legal counsel and was
advised of the basis for the contemplated action to separate him by reason
of Alcohol or Other Drug Abuse Rehabilitation Failure under Army Regulation
635-200, Chapter 9, the rights available to him, and the effect of any
action taken by him in waiving his rights.  The applicant then waived his
rights.

10.  On 21 April 1998, the approving authority approved the recommendation
to discharge the applicant and characterized his term of service as
honorable.

11.  On 28 April 1998, the applicant was discharged from active duty for
alcohol rehabilitation failure, in accordance with Army Regulation 635-200,
Chapter 9.  He was assigned a separation program designator (SPD) code of
JPD and assigned an RE code of RE-4.  According to his DD Form 214, he had
completed 1 year 3 months, and 27 days of active service.

12.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) covers eligibility criteria, policies, and procedures for
enlistment and processing into the Regular Army and the US Army Reserve.
Chapter 3 of this regulation prescribes basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of Armed Forces RE
codes, including Regular Army RE codes.

13.  RE-4 applies to persons separated from the last period of service with
a non-waivable disqualification.  Included in this category are persons who
are discharged under the provisions of Army Regulation 635-200, Chapter 9.

14.  AR 635-5-1 (Separation Program Designated Codes), Table 2-3, states
that the SPD code JPD denotes involuntary discharge and alcohol
rehabilitation failure.

15.  The Army Human Resources Command publishes a cross-reference of SPD
and RE codes.  This cross-reference shows that an SPD code of JPD is
assigned an RE code of RE-4.

16.  Army Regulation 635-200 (Personnel Separations) 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.  At the time of the
applicant’s separation an honorable or general discharge was authorized.
However, an honorable discharge was required if restricted use information
was used.

17.  Army Regulation 601-210, paragraph 3-24a, states in pertinent part,
that prior service personnel will be advised that RE codes may be changed
only if they are determined to be administratively incorrect.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his RE code of RE-4 be upgraded.

2.  There is no evidence or indication that there was an error or injustice
which caused the applicant to be discharged for alcohol rehabilitation
failure or to be assigned the RE code of RE-4.

3.  Since the applicant was properly discharged, there is no reason to
change a correctly assigned RE code.

4.  It is regrettable that the applicant had family problems while he was
on active duty, and it is commendable that he has gotten sober since his
discharge.  However, these are insufficient to warrant changing his RE
code.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 April 1998; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 27 April 2001.  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

___le____  ___jns___  ____mjf__  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.




                                  _________John N. Slone________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007546                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061214                                |
|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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