RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080002702 


	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.  




Director



Analyst

      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to allow reenlistment into the Alaska Army National Guard (AKARNG).

2.  The applicant states, in effect, that he would like an opportunity to serve again through the AKARNG.  He has completed a drug rehabilitation program and is willing to do what it takes to serve again. 

3.  The applicant provides a letter confirming that he is involved in a Veterans Administration Addiction Treatment Program.  

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 28 May 2002 through 1 March 2005.  He was approved for discharge under the provisions of chapter 9, Army Regulation 635-200 (Enlisted Personnel Separations), by reason of drug rehabilitation failure.  His service was characterized as general, under honorable conditions.  

2.  On 3 November 2004, the Community Counseling Center (CCC)/ Army Substance Abuse Program (ASAP) Clinical Director provided the applicant's unit commander with a synopsis of the applicant's treatment.  She indicated the applicant was command-referred to the CCC due to receiving a DUI (driving under the influence) on 31 August 2004.  He was evaluated on 21 September 2004 and appeared to meet the criteria for alcohol and cannabis dependence.  He failed to appear at the appointment with the CCC clinical consultant in order to confirm the diagnosis of alcohol and cannabis dependence on 20 October 2004.  A Rehabilitation Team Meeting was held on 21 September 2004 that enrolled the applicant in the outpatient treatment.  In that meeting, it was specified that the applicant attend group therapy sessions, attend 12-step meetings in the community, and that he not use alcohol or mood altering drugs.  The applicant was informed of the possible consequences on noncompliance with his rehabilitation agreement.  During his enrollment, the applicant's participation in therapy sessions and attendance at self-help meetings was sporadic.  He did report during an individual session to using marijuana and consuming alcohol throughout his treatment.  He missed 3 group therapy sessions.  


3.  On 4 November 2004, the applicant was counseled because he lied to a noncommissioned officer regarding his marijuana use.  His team leader indicated that he had been counseled for marijuana use several times in the past for testing positive on 2 occasions for marijuana after enrollment in the Army Substance Abuse Program (ASAP).  

4.  On 14 December 2004, the applicant received nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for wrongful use of marijuana.  His punishment consisted of a reduction in grade to private/E-2, a forfeiture of $665.00 pay per month for 2 months (suspended for 6 months), and 45 days of restriction and extra duty. 

5.  The applicant provided a letter from his counselor at the VA Addiction Treatment Program indicating that the applicant successfully completed treatment on 16 November 2005.  He has been active in his participation since 25 August 2005.  He has been consistent in keeping both his individual and group appointments.  It is recommended that he continue exploring his drinking patterns/behaviors, his decision making and familiarize himself with Alcoholics Anonymous.

6.  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 ASAP 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.  Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service.

7.  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 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.  RE 1 and 2 permit immediate reenlistment if all other criteria are met. 
RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  An RE code of 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.

8.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD.  

9.  A separation code of "JPD" applies to persons who are separated under the provisions of chapter 9, Army Regulation 635-200 for alcohol rehabilitation failure.  The SPD/RE Code Cross Reference Table shows that an RE code of 
RE-4 is the applicable RE code assigned for individuals separated with an SPD Code of “JPD.”

10.  The applicant's DD Form 214 shows that he was separated by reason of "drug rehabilitation failure", was assigned an SPD Code of "JPC", and an RE code of RE-4.  

DISCUSSION AND CONCLUSIONS:

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

2.  Evidence shows that the applicant was properly and equitably discharged in accordance with the regulations in effect at the time.  There is no indication of procedural errors which would tend to jeopardize his rights.  His record shows that he received a DUI, an Article 15 for illegal use of marijuana, and was counseled several times for his alcohol and drug usage.

3.  The applicant was enrolled in the ASAP and was aware of the consequences of any action which would demonstrate any inability or refusal to participate in, cooperate in, or successfully complete such a program.

4.  The applicant, by violating the Army's policy not to abuse alcohol and illegal drugs, compromised the special trust and confidence placed in a Soldier.  The applicant had the duty to support and abide by the Army's alcohol and drug abuse policies.  By using illegal drugs, the applicant knowingly risked a military career.  

5.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing alcohol/drug counseling and by the imposition of nonjudicial punishment.  The applicant failed to respond appropriately to these efforts.

6.  An RE code is based on an individual's reason for discharge and cannot be changed unless the narrative reason for discharge is changed.  In this case, the applicant's narrative reason for discharge is fully supported in the official record.  As such, the applicant's RE code was appropriately assigned in accordance with the regulatory guidance above.  

7.  The applicant is commended for his active participation and successful completion of a substance addiction program.  However, it does not provide a sufficient basis for a change in his narrative reason for discharge.

8.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  Therefore, there is no justification to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.




							XXX
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080002702



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508