RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 February 2008
	DOCKET NUMBER:  AR20070012638 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald D. Grant

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 the reentry (RE) code on his DD Form 
214 (Certificate of Release or Discharge from Active Duty) with the period ending 13 November 2000 be changed.  

2.  The applicant states, in effect, that per actions directed by the Army Discharge Review Board (ADRB), he was issued a new DD Form 214; however, the RE code was never changed to reflect an honorable discharge and the DD Form 214 is not consistent with the ADRB review.

3.  The applicant provides his corrected DD Form 214; an ADRB – Case Report and Directive, dated 16 January 2007; and a Letter of Recommendation, dated 
3 January 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 November 1997.  He successfully completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Infantryman).

2.  The applicant's referral and enrollment documents into the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) are not available.

3.  On 28 September 2000, the applicant was notified by his company commander that he was initiating action to separate the applicant under the provisions of Army Regulation 635-200, chapter 9 for Alcohol or Other Drug Abuse Rehabilitation Failure.  The chronological history of the applicant's alcohol/drug abuse was as follows:

	a.  26 June 2000 - Drunk on duty with blood alcohol content of .15 percent.
	
	b.  12 July 2000 - Began TRAC III treatment.

	c.  22 July 2000 - Terminated from TRAC III as treatment failure.

4.  The applicant was further advised that he was being recommended for a general under honorable conditions discharge with the reason for discharge as alcohol abuse rehabilitation failure.  He was also advised that this action was suspended for 7 days to give him the opportunity to exercise the following rights:  
a.  "Request appointment of military counsel;

	b.  submit a statement on his behalf; or

	c.  to waive the foregoing rights in writing or by declining to reply within 7 days."

5.  On 29 September 2000, the applicant acknowledged that he was advised of the basis for his separation under the provisions of Army Regulation 635-200.  The applicant indicated that he was counseled by appropriate counsel and that he was not entitled to have his case heard by an administrative separation board. The applicant also indicated that he did not provide statements on his own behalf and that he requested representation by military counsel.

6.  On 13 November 2000, the applicant was discharged under the provisions of 
chapter 9 of Army Regulation 635-200, for Alcohol Abuse-Rehabilitation Failure.  The applicant was issued a General Under Honorable Conditions Discharge Certificate.  His DD 214 also shows in block 26 (Separation Code) the entry "JPD" and in block 27 (Reentry Code) the entry "4."  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) shows the entry "JPD" denotes separation for Alcohol or Other Drug Abuse Rehabilitation Failure.  The SPD/RE Code Cross Reference Table for regulation 635-5-1 shows SPD "JPD" results in issuance of RE Code "4." 

7.  On 3 March 2006, the applicant applied to the ADRB requesting a change in the reason for discharge.

8.  On 16 January 2007, the ADRB considered the applicant’s request to upgrade his discharge to honorable.  The ADRB unanimously voted to grant relief in the form of an honorable discharge.  The ADRB determined that the reason for discharge was both proper and equitable, and voted unanimously not to change it.  Records show that the applicant was issued a corrected DD Form 214 that showed his general discharge under honorable conditions was changed to honorable.

9.  The applicant submitted a letter of recommendation from the Commander, Headquarters, 407th Civil Affairs Battalion, dated 3 January 2008.  The author stated, in effect, that the applicant had struggled with alcohol abuse while on active duty.  Since the applicant left active duty he has turned his life around and is currently a manager at a Ruby Tuesday's.  He has been a manager for the past three years and manages 80 employees.



10.  The commander further stated that the applicant has shown that he has dealt with his past issues and displays the Army values that a Soldier should live by.  The commander stated, "The 407th Civil Affairs Battalion will welcome the integrity that a Soldier like P______ would bring.  Should his RE code on his DD Form 214 be changed from RE-4 to a RE-3 we would welcome him in this unit."

11.  Army Regulation 635-200 (Active Duty Enlisted Administrative 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.  

12.  Army Regulation 601-210 (Regular Army and Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Table 3-6 of the regulation, in effect at the time, states that RE code 4 applies to persons separated from their last period of service with a nonwaivable disqualification.  Paragraph 4-25o states that a person with prior service last discharged from any component of the Armed Forces for drug or alcohol abuse or as rehabilitation failure during last period of service has a nonwaivable disqualification.

13.  The Separation Program Designator (SPD) Code/RE Code Cross Reference Table states that when the SPD is JPD then RE code 4 will be given. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code "4" on DD Form 214 should be corrected to reflect an honorable discharge.  Although the ADRB upgraded his discharge to honorable, the ADRB unanimously voted not to change his reason for discharge.

2.  In accordance with the provisions SPD Code/RE Code Cross Reference Table, the applicant was properly given RE code "4" for alcohol rehabilitation failure.  Army Regulation 601-210 specifically states that the last separation for alcohol abuse is nonwaivable disqualification for enlistment. 

3.  In the absence of evidence to the contrary, the applicant's DD Form 214 is correct as currently constituted and there is a no basis for amending it.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KLW__  ___AU    _  ___RDG_  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.




____ Ronald D. Grant __
          CHAIRPERSON




INDEX

CASE ID
AR20070012638
SUFFIX

RECON

DATE BOARDED
5 FEBRUARY 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
100.0300.0000
2.

3.

4.

5.

6.