RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2008
	DOCKET NUMBER:  AR20070017194 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Mark Manning

Chairperson

Mr. Jeffrey Redmann

Member

Mr. Rowland C. Heflin

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 change from "RE 4" to a more favorable code.

2.  The applicant states, in effect, that he was discharged from the Army for alcohol rehabilitation failure.  The issues that he was dealing with at that time were a condition, not a disability.  He fully believed that he has recovered 100 percent and now feels that the military is the best thing for him.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 22 November 2005.  He was trained as a wheel vehicle mechanic, in military occupational specialty (MOS), 63B.  He was advanced to pay grade E-2 effective 22 May 2006. 

2.  Between 13 September 2006 and 11 December 2006, he received nonjudicial punishment (NJP) on three occasions under Article 15, of the UCMJ (Uniform Code of Military Justice), for failing to go to his appointed place of duty on three occasions, for breaking restriction, and for consuming alcohol, while under the age of 21.  His punishments consisted of a reduction to pay grade E-1, a forfeitures of pay, and restriction and extra duties. 

3.  On 13 September 2006, the applicant was enrolled in the Army Substance Abuse Program (ASAP).  

4.  On 12 December 2006, the applicant was admitted to Red River Hospital to participate in a 28-day in-patient treatment program for alcohol dependence.

5.  On 10 January 2007, the applicant was declared to be a rehabilitation failure.  

6.  On 25 January 2007, 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.  He cited as the basis for his recommendation, the applicant’s enrollment in ASAP, his admission to the Red River Hospital to participate in a 28-day in-patient treatment program for alcohol dependence, and his rehabilitation failure in ASAP.  He recommended that the applicant received a general discharge, under honorable conditions. 
7.  On 25 January 2007, the applicant acknowledged the notification of his commander's intent to separate him from the Army.  After consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.

8.  On an unspecified date, the commander submitted his recommendation to separate the applicant under the provisions of AR 635-200, chapter 9.  He recommended the applicant be provided a general, under honorable conditions, discharge.

9.  The separation authority approved the recommendation for discharge and directed that the applicant be furnished a general discharge.  The applicant was discharged on 14 February 2007.  He had a total of 1 year, 2 months, and 23 days of creditable service.

10.  Item 26 (Separation Code), of the applicant's DD Form 214, shows the entry "JPD," item 27 (Reentry Code) shows the entry "4," and item 28 (Narrative Reason for Separation), shows the entry "Alcohol Rehabilitation Failure." 

11.  Army Regulation 635-200 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 the Army's Alcohol and Drug Abuse Prevention and Control Program (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.

12.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. This chapter includes a list of Armed Forces reentry codes, including RA RE codes.

13.  RE-4 applies to persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualification such as misconduct.


14.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial
punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapter 9, 10, 13, 14, and 16 of Army Regulation 635-200.

15.  Army Regulation 635-5-1, in effect at that time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the separation program designator (SPD) "JPD", as shown on the applicant’s DD Form 214, specifies the narrative reason for discharge as "Alcohol Rehabilitation Failure" and that the authority for discharge under this SPD is "Army Regulation 635-200, chapter 9."

16.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  The Soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of "JPD" has a corresponding RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 9, for Alcohol Rehabilitation Failure.  He was given an RE Code of "4" and was furnished a general discharge.   

2.  The separation code of "JPD" was entered in its appropriate space on the DD Form 214 and the narrative reason for his discharge was shown to be, "Drug Rehabilitation Failure."  The separation code "JPD" has a corresponding RE Code of "4."

3.  It is apparent that the applicant wishes to reenlist: however, his RE Code of "4" prevents him from reenlisting.  

4.  The RE Code of "4" applied to the applicant's DD Form 214 is consistent with the basis for his separation and in this case there is no basis to correct the existing code.



5.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__MDM__  ___JCR_  __RCH__  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.




____Mark D. Manning________
          CHAIRPERSON




INDEX

CASE ID
AR20070017194
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080313
TYPE OF DISCHARGE
GD
DATE OF DISCHARGE
20070214
DISCHARGE AUTHORITY
AR 635-200, chapter 9
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.