IN THE CASE OF:	 

		BOARD DATE:	  10 March 2009

		DOCKET NUMBER:  AR20080018031 


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, correction of his reentry eligibility (RE) code from an RE-4 to an RE-3 or lower.

2.  The applicant states, in effect, that he believes his RE-4 is too harsh for what he did and that he would like the opportunity to serve in the military again to make right what he did wrong during his previous service.

3.  The applicant provides no additional documentary evidence in support of this 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's records show he enlisted in the Regular Army on 26 August 1998.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of power generator equipment repairer.  The highest rank he attained while serving on active duty was specialist/pay grade E-4.

3.  The applicant accepted non-judicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on 24 December 2003 for being disrespectful in deportment toward a command sergeant major.

4.  On 25 February 2004, the applicant was command-referred to the Army Substance Abuse Program (ASAP) following a series of alcohol-related incidents.  He was diagnosed with alcohol abuse and enrolled in outpatient counseling.  He relapsed during treatment, which was against the treatment contract.  He was not able to discontinue his use of alcohol by his own admission.

5.  On 27 April 2004, the applicant's commander recommended that he be considered an ASAP rehabilitation failure and separated in accordance with Army Regulation 635-200 (Personnel Separations), chapter 9 (Alcohol or Other Drug Rehabilitation Failure).  The applicant's commander indicated the applicant had been involved in two incidents of misconduct in which alcohol was a contributing factor:  a barracks violation involving a member of the opposite sex and a curfew violation.

6.  The applicant's commander's recommendation was approved by the appropriate authority.  Accordingly, on 2 June 2004, the applicant was discharged with an under honorable conditions (general) characterization of service for alcohol abuse rehabilitation failure under the provisions of chapter 9 of Army Regulation 635-200 with a separation program designator (SPD) code of JPD and an RE-4.

7.  On 12 June 2007, the Army Discharge Review Board (ADRB) granted an upgrade of the applicant's characterization of service to fully honorable.  However, the ADRB did not change the applicant's reason for separation.

8.  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 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.
9.  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 (Active and Reserve Components 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.  Table 3-1 of the regulation states that RE code 4 applies to persons separated from their last period of service that are definitely not eligible for reenlistment.

10.  Army Regulation 635-5-1 (SPD Codes), Table 2-3, states that the SPD code JPD denotes alcohol rehabilitation failure.

11.  The Army Human Resources Command publishes a cross-reference table of SPD and RE codes.  This cross-reference table shows that an SPD code of JPD is assigned RE-4.

12.  Paragraph 3-27 (Correction of Army RE codes) of Army Regulation 601-210, then in effect, provided that RE codes may be changed only if they are determined to be administratively incorrect.

DISCUSSION AND CONCLUSIONS:

1.  RE codes are used for administrative purposes only.  These codes are not to be considered derogatory in nature; they simply are codes used for identification of an enlistment processing procedure.  The applicant's request that his RE code 4 be upgraded so he may return to military service was carefully considered.

2.  The applicant's records show he was afforded the opportunity to successfully complete alcohol rehabilitation.  However, he continued to consume alcoholic beverages after he was referred to alcohol abuse counseling and his records show he had two alcohol-related incidents.  This leaves no doubt that his command properly separated him for alcohol abuse rehabilitation failure.  As such, there is no basis for changing the applicant's reason for discharge.

3.  While the applicant's characterization of service was upgraded by the ADRB, his reason for discharge remained alcohol rehabilitation failure.  The SPD code cross-reference table states that the applicant was to be assigned RE-4 based on the reason for his discharge.  As such, RE- 4 was properly assigned to him.

4.  There is no evidence in the available record and the applicant has provided no evidence that shows irregularity in the assignment of his RE code.  The applicant was disqualified from reenlistment based on his failure to successfully complete his ASAP treatment contract, and the disqualification is non-waivable under Army Regulations.

5.  In the absence of evidence to the contrary, it is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

6.  Therefore, while the applicant's desire to enlist in the Army is commendable, there is no basis for changing a properly assigned RE code.

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)                                         AR20080018031



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ABCMR Record of Proceedings (cont)                                         AR20080018031



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