IN THE CASE OF:	  

		BOARD DATE:	       10 MARCH 2009

		DOCKET NUMBER:  AR20080018794 


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 that his Reentry (RE) code be upgraded from RE-4 to RE-3.

2.  The applicant states that he has been out of the military for 13 years and has matured since he was discharged.  He no longer drinks and has been without alcohol for 8 years.  He recently reenrolled and successfully completed the Alcohol and Drug Abuse Program.  Also, he wants to be a good example for his four children.  He has been married for 13 years.  His wife has been on active duty for 14 years and deployed overseas twice.  Lastly, he would like the opportunity to serve his country again.  

3.  The applicant provides a Certificate of Training, dated 23 October 2008; his DD Form 214 (Certificate of Release or Discharge from Active Duty); his marriage certificate; and his Baptism Certificate.  

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 in the Regular Army on 21 July 1993 for a period of four years.  Upon completion of basic training and advanced individual training, he was awarded military occupational specialty 91B (medical specialist).  His highest grade attained was private first class, E-3.  He served in Korea from January to December 1994.

3.  On 10 May 1995, the applicant was referred to the Alcohol and Drug Abuse Prevention and Control Program (ACAPCP) due to failure to report to work on time and drinking while being under age.  A Rehabilitation Team Meeting was held on 16 May 1995 and formally enrolled the applicant into Track II of the ADAPCP.  The applicant was declared a rehabilitation failure on 20 June 1995.

4.  The applicant was discharged on 4 August 1995 under the provisions of Army Regulation 635-200, chapter 9 based on alcohol rehabilitation failure.  He had completed 2 years and 14 days of active military service.

5.  His DD Form 214 shows he was assigned a RE code of RE-4 and a Separation Program Designator (SPD) code of "JPD" (Alcohol Rehabilitation Failure).

6.  The applicant provided a Certificate of Training, dated 23 October 2008, which shows he successfully completed the Fort Lee 12-Hour Alcohol and Drug Abuse Prevention Training Course.  

7.  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 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.  

8.  Army Regulation 635-5-1 (SPD 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 shows that the separation program designator “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 separation program designator is “AR 635-200, chapter 9."  Additionally, the SPD/RE Code Cross Reference Table, in effect at the time, established RE Code 4 as the proper reentry code to assign Soldiers separated for this reason.

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 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.  That chapter includes a list of armed forces RE codes, including RA RE codes.  Paragraph 3-6 also states that RE codes are not upgraded unless they are administratively incorrect when originally issued.  Table 3-6 of Army Regulation 601-210, in effect at the time, lists the Armed Forces RE Codes.  In pertinent part, this table states that RE-4 applies to persons with nonwaivable disqualifications including adverse RE codes.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's statements regarding his conduct since he was discharged were considered.  His post-service conduct is commendable; however, these factors do not warrant the relief requested.  

2.  The applicant’s DD Form 214 shows he was discharged with a separation code of “JPD” (Alcohol Rehabilitation Failure) and he was assigned an RE code of RE-4 in accordance with the governing regulation in effect at the time.

3.  There is no evidence of record which shows the RE code issued to him was administratively incorrect, in error or unjust.  

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.




      _______ _   _XX______   ___
               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)                                         AR20080018794



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018794



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1