IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090009018 


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 his reentry code (RE) code from a 4 to a more favorable code.

2.  The applicant states that he does not think it is in error or unjust; however, he would like to reenter military service.  He adds that he has changed and grown up since the last time he was in the Army and would once again like to serve his country. 

3.  The applicant did not provide any additional documentary evidence in support of his request.  

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 for a period of 3 years on 21 October 1998.  He completed basic combat and advanced individual training and was initially awarded military occupational specialty 43M (Fabric Repairer).  The highest rank/grade he attained during his military service was specialist/E-4.  He was assigned to the 703rd Support Battalion, Division Support Command, Fort Stewart, GA.

3.  The applicant's records also show he was awarded the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  

4.  On 5 December 2000, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against him in accordance with chapter 9 of Army Regulation 635-200 (Personnel Separations), for alcohol or other drug rehabilitation failure.  The immediate commander cited the applicant’s failure to make satisfactory progress toward achieving the criteria for successful rehabilitation as outlined in applicable regulations and recommended an under honorable conditions (general) discharge. 

5.  On 5 December 2000, the applicant acknowledged receipt of the commander's intent to separate him and was advised of the basis for the contemplated separation for alcohol or other drug rehabilitation failure, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to him.  He further indicated that he understood that he may encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him.  He further elected not to submit a statement on his own behalf.  

6.  On 8 December 2000, the applicant’s immediate commander initiated separation action against him in accordance with Army Regulation 635-200 by reason of alcohol or other drug rehabilitation failure.  The immediate commander recommended an under honorable conditions (general) discharge.

7.  On 12 December 2000, the separation authority approved the applicant’s discharge under the provisions of chapter 9 of Army Regulation 635-200 and directed the applicant’s service be characterized as under honorable conditions (general).  The applicant was accordingly discharged on 4 January 2001.  The DD Form 214 he was issued confirms he was discharged with a characterization of service of under honorable conditions (general), by reason of being an alcohol rehabilitation failure.  This form further confirms he completed a total of 2 years, 2 month, and 14 days of creditable active military service.  Item 26 (Separation Code) shows the entry "JPD" and item 27 (Reentry Code) shows the entry "4."
8.  On 1 February 2002, the Army Discharge Review Board granted the applicant relief in the form of an upgrade of his discharge to fully honorable.  The ADRB also considered the applicant’s narrative reason for the discharge was proper and equitable and voted not to change it. 

9.  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 Soldiers because of alcohol or other drug abuse.  A member who has been referred to the Army Substance Abuse Program 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.  Nothing in this chapter prevents separation of a Soldier who has been referred to such a program under any other provisions of this regulation.  Initiation of separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation failures (emphasis added).  The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required.  However, an honorable discharge is required if restricted-use information was used.

10.  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), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Table 3-1 includes a list of the Regular Army RE codes.  An 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.  An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.  An RE-4 applies to Soldiers separated from the last period of service with a nonwaivable disqualification.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  The SPD code of "JPD" is the correct code for Soldiers separated under chapter 9 of Army Regulation 635-200.  

12.  The SPD/RE Code Cross Reference Table, dated October 1999, provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  This cross reference table shows the SPD code and a corresponding RE code.  The SPD code of "JPD" has a corresponding RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code should be changed to a more favorable code.

2.  The evidence of record shows the applicant’s RE code was assigned based on the fact that he was separated under the provisions of chapter 9 of Army Regulation 635-200, for drug and alcohol abuse rehabilitation failure.  Absent his abuse of alcohol and subsequent rehabilitation failure, there was no fundamental reason for separation in lieu of trial by court-martial.  The RE code associated with this type of discharge is a RE code of 4.  Therefore, the applicant received the appropriate RE code associated with his discharge.

3.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the RE code is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, the applicant is not entitled to relief.

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)                                         AR20090009018



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ABCMR Record of Proceedings (cont)                                         AR20090009018



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