IN THE CASE OF:	  

		BOARD DATE:	       30 JULY 2009

		DOCKET NUMBER:  AR20090007340 


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 changed from a "4" to a "2."

2.  The applicant states, in effect, that he was never able to contest his RE Code and that he made a mistake when he was in the Army by not completing the alcohol rehabilitation program.  He goes on to state that he was immature at the time but he has learned from his mistakes and has made significant accomplishments since his discharge.  Accordingly, he desires to enlist in the military service in order to complete what he started.

3.  The applicant provides a two-page letter explaining his application, three  third- party letters of support, a copy of his college diploma, and three course completion certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 19 August 2003 for a period of 4 years, training in the infantry career management field, and a cash enlistment bonus.  He was transferred to Fort Benning, Georgia to undergo his one-station unit training (OSUT). 

2.  The facts and circumstances surrounding the applicant's administrative discharge are not present in the available records.  However, his records do contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows that he was honorably discharged at Walter Reed Army Medical Center, Washington D.C. on 26 July 2005, under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.  He had served 1 year, 11 months, and 8 days of total active service and he was issued a Separation Code of "JPD" and an RE Code of "4."

3.  On 18 March 2008, he applied to the Army Discharge Review Board (ADRB) requesting that his narrative reason for separation and RE Code be changed.  The ADRB denied his request on 30 January 2009.

4.  Army Regulation 635-200 (Personnel Separations – Active duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 of that regulation contains the authority and outlines the procedures for discharging individuals because of alcohol and/or drug abuse.  A member may be separated because of inability or refusal to participate in, or successfully complete a rehabilitation program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.  Characterization of service will be determined solely by the Soldier’s military record that includes the Soldier’s behavior and performance during the current enlistment.  An honorable discharge is a separation with honor and is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty.  A general discharge is a separation from the Army under honorable conditions.  It is issued to Soldiers whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  

5.  Army Regulation 635-200 states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program), dated 16 May 2005 and effective 16 June 2005, covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Table 3-1 includes a list of the RA RE codes:

	a.  RE–1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted. 

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.
6.  Army Regulation 601-210, in effect at the time, further stated that RE-2 applied to Soldiers separated prior to the effective date of this regulation 
(16 June 2005) and that this code would not be used.

7.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  
It states, in pertinent part, that the SPD code JPD is the appropriate code to assign to Soldiers separated under the provisions of Chapter 9, Army Regulation 635-40, by reason of alcohol rehabilitation failure.  The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of JPD.   

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in accordance with applicable regulations with no evidence of any violations of the applicant’s rights.  Accordingly, he was given the proper RE Code for his separation and he has provided no evidence to justify a change to that code.

3.  The applicant's contentions and supporting documents have been noted and the applicant is commended for his for post-service accomplishments.  However, they are not sufficiently mitigating to warrant the relief he seeks when compared to the overall circumstances of his case.

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.



      __________XXX_____________
               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)                                         AR20090007340



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ABCMR Record of Proceedings (cont)                                         AR20090007340



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