RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 February 2007
      DOCKET NUMBER:  AR20060010523


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 2 or
a 3.

2.  The applicant states he was a good Soldier who drank a little too much
when he was in Korea.  He never harmed anyone nor did he ever threaten
anyone at any given time.  His unit let him reenlist for 6 more years and
then turned around and discharged him.

3.  The applicant provides a separate statement, dated 17 July 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 January 2001.  The application submitted in this case
is dated   17 July 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.  After having had a prior U. S. Army Reserve (USAR) enlistment (he
enlisted between his junior and senior year in high school as a split
shipper; he went to basic training and went back to high school; he failed
to graduate; he was discharged from the USAR on 24 April 1997) he enlisted
in the Regular Army on 21 January 1998 for 3 years.  He completed advanced
individual training and was awarded military occupational specialty 13M
(Multiple Launch Rocket System Crewman). He arrived in Korea in November
1999.  He was promoted to Specialist, E-4 on 18 January 2000.

4.  A 12 November 2000 memorandum of record (MFR) from the applicant’s
commander indicated the applicant’s work performance began to deteriorate
in June 2000.  On the evening of 30 June 2000, several Soldiers found the
applicant drunk and face down on the floor of the battery’s first floor
latrine.


5.  The applicant reenlisted on 5 July 2000 for 6 years.

6.  In an undated memorandum from the Center Director of Camp Stanley,
Community Counseling Center, the Director noted the applicant was referred
by his commander to the Center due to an alcohol-related injury.  The
applicant was screened on 10 July 2000 and assessed as alcohol dependent.

7.  The 12 November 2000 MFR from the applicant’s commander further
indicated the applicant’s drinking also induced suicidal tendencies, for
which he was admitted for treatment on 12 August 2000.  Due to the
seriousness of his condition, he was placed in the Track III phase of the
Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) on 23 August
2000.  He completed  6 weeks of treatment and was released on 3 October
2000.  He continued his treatment on an out-patient basis and was given
Antabuse to assist in his recovery.  Upon completing the program, he
continued to frequent clubs and other establishments where alcohol
consumption was the primary activity.  On  14 October 2000, he was treated
for an alcohol reaction to the medication.  On that day, he was seen
drinking.  On 18 November 2000, he was taken to the troop medical clinic
due to suspected alcohol poison[ing] where he was treated and released.
The commander stated the applicant’s actions were in direct violation of
his Survival Plan, which he (the applicant) designed to assist in his
recovery prior to being discharged from the hospital.

8.  In the 12 November 2000 MFR from the applicant’s commander, the
commander concluded that future rehabilitation for the applicant would not
be effective.  After consultation with the ADAPCP rehabilitation team, it
was determined the applicant could not or would not complete the ADAPCP and
he was declared an ADAPCP rehabilitation failure.

9.  On an unknown date, the applicant's commander recommended he be
discharged from the Army under the provisions of Army Regulation 635-200,
chapter 9, for alcohol abuse rehabilitation failure.  He cited as reason
for the proposed action the applicant's relapse after completing the ADAPCP
Track III program.

10.  On 8 December 2000, the applicant was advised by consulting counsel of
the basis for the contemplated separation action.  He elected not to submit
a statement on his own behalf.  His acknowledgment form indicated he
understood that he would be ineligible to apply for enlistment for a period
of 2 years after his discharge.  Apparently, this form was a standard,
initial-off type form used for multiple types of separation actions.


11.  On an unknown date, the applicant’s commander formally recommended he
be discharged from the Army under the provisions of Army Regulation 635-
200, chapter 9, for alcohol rehabilitation failure.

12.  On an unknown date, the appropriate authority approved the separation
recommendation and directed the applicant be given an honorable discharge.

13.  On 7 January 2001, the applicant was honorably discharged, under the
provisions of Army Regulation 635-200, chapter 9, for alcohol
rehabilitation failure.  He was given a separation program designator (SPD)
code of JPD (separation for alcohol rehabilitation failure under the
provisions of Army Regulation 635-200, chapter 9) and an RE code of 4.

14.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 9 provides for the discharge of
members based on alcohol or other drug abuse such as the illegal, wrongful
or improper use of any controlled substance, alcohol or other drug when the
Soldier is enrolled in ADAPCP and the commander, in consultation with the
rehabilitation team, determines that further rehabilitation efforts are not
practical, rendering the Soldier a rehabilitative failure.

15.  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
(Regular Army and Army Reserve Enlistment Program) covers eligibility
criteria, policies and procedures for enlistment and processing into the
Regular Army (RA) and the U.S. Army Reserve.  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.

16.  RE code 4 applies to persons not qualified for continued Army service
and the disqualification is not waivable.  RE code 3 applies to persons not
qualified for continued Army service, but the disqualification is waivable.
 RE code 2 is no longer in use.

17.  The SPD/RE Code Cross Reference Table states that when the SPD is JPD
then RE code 4 will be given.

18.  Army Regulation 601-210 also states that alcoholism is a
disqualification that cannot be waived.



DISCUSSION AND CONCLUSIONS:

1.  The Board is cognizant that the applicant was, perhaps negligently,
allowed  to reenlist for 6 years in July 2000 even though his commander
indicated in his 12 November 2000 MFR that the applicant’s serious alcohol
problems were recognized in June 2000.  However, it was a voluntary
reenlistment, and it was the applicant’s subsequent behavior (i.e., failing
to follow his Survival Plan after completing ADAPCP) that resulted in his
discharge as an alcohol rehabilitation failure.  Due to the reason for his
discharge, he was properly given an RE code of 4.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 January 2001; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         16 January 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

__mdm__  __jtm___   __qas____  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.




                                  __Mark D. Manning_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010523                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070222                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20010117                                |
|DISCHARGE AUTHORITY     |AR 635-200, ch 9                        |
|DISCHARGE REASON        |A45.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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