IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080002928 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his Reentry (RE) Code be changed from "RE 4" to a more favorable code in order for him to join the Army National Guard (ARNG) or United States Army Reserve (USAR).

2.  The applicant states, in effect, that his RE Code of "4" prevents him from joining the ARNG or USAR.  He adds that he would like to change his Reentry Code to RE "3" because he has changed his life drastically to better himself.

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.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the Regular Army on 8 March 1995.  He was trained as a light wheel vehicle mechanic, in military occupational specialty (MOS), 63B.  He was advanced to pay grade SPC/E-4 effective 1 July 1997. 

3.  On 6 April 1999, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for being drunk on duty and for failing to obey a lawful order on 16 March 1999.  His punishment consisted of a reduction to pay grade E-3, a forfeiture of pay of $200.00 pay per month for 2 months (suspended), and 45 days extra duty.

4.  On 5 September 1999, the applicant was admitted to TRISARF (Tri-Service Addiction Recovery Facility) for alcohol dependency, in an outpatient status, and began treatment on the same date.

5.  On 30 September 1999, the applicant was released from treatment due to his lack of involvement and was declared to be a rehabilitation failure.  

6.  On 10 November 1999, the applicant was counseled regarding his rehabilitation failure and was notified separation action would be initiated against him for elimination from the service. 

7.  On 9 February 2000, 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 or other drug abuse rehabilitation failure.  He cited as the basis for his recommendation, the applicant’s lack of involvement in the Alcohol and Drug Abuse Prevention and Control Program.  He recommended that the applicant receive a general discharge, under honorable conditions. 

8.  On 9 February 2000, the applicant acknowledged his commander's notification of his 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.

9.  On 14 February 2000, 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.



10.  On 2 March 2000, the separation authority approved the recommendation for discharge and directed that the applicant be furnished a general discharge.  The applicant was discharged on 22 March 2000.  He had a total of 5 years and 15 days of creditable service.

11.  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." 

12.  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.

13.  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.

14.  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.

15.  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.

16.  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."

17.  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 enlist; however, his RE Code of "4" prevents him from enlisting.  

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

_____x__  ____x___  ___x____  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.




      __________x_____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080002928



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ABCMR Record of Proceedings (cont)                                         AR20080002928



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