IN THE CASE OF:	   

		BOARD DATE:	        21 October 2008

		DOCKET NUMBER:  AR20080012784 


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 to allow him to reenter the Army.

2.  The applicant states, in effect, that he was discharged for failing rehabilitation but he actually completed it successfully.  He contends that the fact that his wallet was stolen was considered an alcohol-related incident is unjust.  He also states that if he truly should be separated he should at least be given a medical discharge and be allowed Department of Veterans Affairs medical and education benefits.   

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); an Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) Outpatient Aftercare Plan, dated 4 May 2004; an ADAPCP Outpatient Discharge Summary; and a certificate of training, dated 6 October 2003, for the 8-hour Alcohol and Drug Abuse Prevention Training Course, in support of his application.

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 enlisted on 7 August 2002 and trained in military occupational specialty (MOS) 15H as an aircraft pneudraulics repairer.  

3.  In October 2003, the applicant was enrolled in Track ll of the ADAPCP.  A 
13 May 2004 memorandum from the applicant’s Substance Abuse Counselor and the Clinical Director states, in pertinent part, that the applicant admitted that he drank while taking antabuse and that he drank on a number of occasions while in Track II.  On 13 May 2004, the applicant was declared a rehabilitation failure by his counselor and the Clinical Director.  On 26 May 2004, the applicant was notified of his pending separation under the provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug abuse rehabilitation failure.  On
1 June 2004, the applicant consulted with counsel, waived his rights, and elected not to submit a statement in his own behalf.  On 9 June 2004, the separation authority approved the recommendation for discharge and directed that the applicant be furnished an honorable discharge.     

4.  Accordingly, the applicant was honorably discharged on 22 June 2004 under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.  He had served 1 year, 10 months, and 16 days of creditable active service.

5.  Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, CHAP [Chapter] 9.”  Item 26 (Separation Code) on his DD Form 214 shows the entry, "JPD."  Item 27 (Reentry Code) on his DD Form 214 shows the entry, "4."  Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "ALCOHOL REHABILITATION FAILURE.”

6.  There is no evidence of record which shows the applicant was diagnosed with any medical condition prior to his discharge.

7.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes 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 states 
the reason for discharge based on separation code “JPD is “Alcohol Rehabilitation Failure” and the regulatory authority is Army Regulation 635-200, chapter 9.  

8.  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 covers eligibility criteria, policies, and procedures for enlistment 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.

9.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.  

10.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

11.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

12.  The Separation Program Designator (SPD) Code/Reentry Code Cross Reference Table, dated 31 March 2003, shows that when the SPD is "JPD," then an RE code of 4 will be given.  

13.  Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  It states that the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability.  Alcohol dependence or alcohol abuse is not listed as conditions that would cause referral to a Medical Evaluation Board.  

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he successfully completed the ADAPCP, evidence of record shows that he was declared a rehabilitation failure on 13 May 2004 for admittedly drinking while in the program.

2.  There is no medical evidence of record that shows the applicant had any unfitting medical condition prior to his discharge on 22 June 2004.  There is also no evidence of record to show he was ever medically unfit to perform his duties.  Therefore, there is insufficient evidence to show the applicant was eligible for physical disability processing and there is no basis for a medical discharge.   
3.  The applicant’s RE code was administratively correct and in conformance with applicable regulations at the time of his separation.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___XX_____  ____XX____  ___XX_____  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.



      _______XXXX______________
               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)                                         AR20080012784



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ABCMR Record of Proceedings (cont)                                         AR20080012784



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