IN THE CASE OF:	  

		BOARD DATE:	       5 May 2009

		DOCKET NUMBER:  AR20080020031 


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 correction of her reentry eligibility (RE) code from 
RE-4 to RE-3.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

2.  The applicant states she needs to have her RE code changed to be able to enlist.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty in the Regular Army on 25 January 2007, completed training, and was awarded the military occupational specialty 63B (Wheeled Vehicle Mechanic).

2.  On 27 December 2007, the applicant was given a direct order by her unit commander not to drink, purchase, or have purchased for her, any alcoholic beverages in any form including cough medicines containing alcohol, or to purchase any aerosol product for the purpose of getting a quick high.

3.  The applicant was referred to the Army Substance Abuse Program (ASAP) on 2 January 2008.  She was placed in the outpatient treatment Track II program.  During her enrollment, she participated in one group session and three aftercare sessions.  Her motivation was described as poor.

4.  On 19 January 2008 the applicant was found to be inhaling compressed air (Dust Off) for the purpose of getting a quick high.

5.  On 21 January 2008, the applicant was involved in an alcohol-related incident wherein she was drinking to the point of severe intoxication with another Soldier, both of whom were so intoxicated as to necessitate emergency transportation to a medical facility.

6.  On 24 January 2008, an ASAP Clinical Rehabilitation Program Participation Agreement was prepared, wherein the applicant agreed to abstain from the use of any alcohol or other mind and mood altering substances.

7.  On 7 February 2008, during a Rehabilitation Team Meeting, it was reported that the applicant continued to drink in violation of the conditions of her enrollment in ASAP.  She was declared an alcohol rehabilitation failure.  She was recommended for elimination from the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 9.

8.  A statement, dated 6 March 2008, reported that during a room inspection, the applicant was found to be intoxicated to the point she could barely speak or hold a conversation.  Two empty and one almost empty alcohol bottles (Jack Daniel's whiskey) were found in her room.

9.  A MEDCOM Form 699-R (Mental Status Evaluation), signed 13 March 2008, notes that the applicant was being evaluated for an adjustment disorder, alcohol abuse, and inhalant abuse.  She was motivated to continue care for her emotional issues but she did not desire intensive alcohol rehabilitation.

10.  On 31 March 2008, the applicant's unit commander notified the applicant that he was recommending she be discharged as an alcohol or other drug abuse rehabilitation failure.

11.  On 15 April 2008, after consulting with counsel, the applicant acknowledged the separation recommendation.  She acknowledged her rights to counsel and that she could receive a general discharge which could result in the loss of some State and Federal benefits.  She also acknowledged that she would be ineligible to apply for reenlistment for a period of 2 years.

12.  The discharge authority approved the separation recommendation and directed that the applicant be separated under the provisions of Army Regulation 635-200, chapter 9, as an ASAP failure.  She was to be discharged and furnished an Honorable Discharge Certificate.
13.  The applicant was honorably discharged on 17 May 2008 with 1 year, 3 months, and 23 days of creditable service.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) lists her reason for separation as under the provisions of Army Regulation 635-200, chapter 9, Alcohol Rehabilitation Failure with a separation program designator (SPD) of JPD and an RE code of 4.

14.  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 Drug and Alcohol Prevention and Control Program or ASAP for alcohol or other 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.

15.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214.  In pertinent part, it states that Soldiers separated for alcohol rehabilitation failure will be given an SPD of JPD.

16.  The SPD/RE Codes Cross Reference Table, dated 15 June 2006, states that an SPD of JPD requires an RE code of 4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states she needs to have her RE code changed to be able to enlist.

2.  The applicant does not indicate that the reason for her separation was improper or unjust.  Further, at the time the MEDCOM Form 699-R was prepared she indicated that she was motivated to continue care for her emotional issues but she did not desire intensive alcohol rehabilitation.

3.  The applicant has not asked for and there is no apparent reason to change the narrative reason for her separation.

4.  An RE code is driven by the SPD code which, in turn, is linked to the narrative reason for separation.

5.  The applicant was separated as an alcohol and inhalant abuse rehabilitation failure.  She was separated and properly assigned a reentry code in accordance with regulations of an SPD code of JPD and an RE code of 4.
6.  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)                                         AR20080020031



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ABCMR Record of Proceedings (cont)                                         AR20080020031



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