IN THE CASE OF:
BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090005604
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 4 be changed to RE code 3 so he may enlist in the Army National Guard.
2. The applicant states that his RE code 4 is preventing him from enlisting in the Army National Guard. He believes he can be an asset to his country if given another opportunity. He has been sober since 9 October 2008.
3. The applicant provides, in support of his application, copies of a letter and certificate showing he has completed the Harbor House, Inc. Resident Chemical Dependency Treatment Program.
CONSIDERATION OF EVIDENCE:
1. On 14 March 2007, the applicant enlisted in the Regular Army (RA). He completed his initial training and he was awarded military occupational specialty (MOS) 13F (Fire Support Specialist).
2. On 27 August 2007, the applicant was assigned for duty with the 2nd Battalion, 9th Infantry Regiment, in the Republic of Korea.
3. On 20 November 2007, the applicant entered into the Army Substance Abuse Program (ASAP). He agreed to comply with the treatment standards which included remaining free from all mind and mood altering substances unless prescribed by a doctor. He further acknowledged that he understood if he failed
to comply with this established treatment plan he might be subject to administrative action by his command to include separation from the service under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 9 (Alcohol or Other Drug Abuse Rehabilitation Failure).
4. The applicant was counseled by his squad leader on:
a. 20 February 2008 for failing to be at his appointed place of duty;
b. 25 February 2008 for underage drinking [must be 21 years of age to drink in the Republic of Korea]; and
c. 3 March 2008 for substandard performance and a second incident of underage drinking.
5. On 4 March 2008, the applicant was declared an ASAP failure. His commander initiated action to separate him from the service under the provisions of Army Regulation 635-200, chapter 9 for alcohol rehabilitation failure. The commander stated that the applicants deficiencies had proven he was incapable or unwilling to meet the standards and his lack of military conduct was prejudicial to the good order and discipline of the U.S. Army.
6. The appropriate authority subsequently approved the separation action and directed that he be issued an Honorable Discharge Certificate. On 17 May 2008, the applicant was discharged accordingly. He had completed a total of 1 year,
2 months, and 4 days of creditable active military service. Accordingly, he received a Separation Program Designator (SPD) Code of JPD and an RE code of 4.
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 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.
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes the eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE codes including RA RE codes. RE 4 applies to persons separated from their last period of service with a non-waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
9. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JPD was the appropriate code
for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure. Additionally, the SPD/RE Code Cross Reference Table establishes RE code 4 as the proper RE code to assign to Soldiers separated for this reason.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code 4 should be changed to RE code 3 so he may enlist in the Army National Guard.
2. The RE code 4, establishing his ineligibility for enlistment/reenlistment, was correctly entered on his separation document in accordance with governing regulations. There is no evidence of error or injustice.
3. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for the RE code 4. While the applicants desire to continue in the service to his country is commendable, there are no provisions authorizing the change of an RE code for this purpose.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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.
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