IN THE CASE OF:	  

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090009633 


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 to RE-3 so he can reenlist.  He also requests that his narrative reason for separation be changed.   

2.  The applicant states that his discharge was incorrect because the RE code should have been 3 instead of 4.  He contends that his service was honorable and did not warrant an RE code of 4.  He also points out that his service record is mostly spotless with the exception of one Article 15, that he completed the Alcohol and Drug Abuse Prevention and Control Program in 2004, and that he served overseas during Operation Iraqi Freedom.  He goes on to state that after he was discharged he enrolled in an alcohol program and completed the program in April 2006 and that he earned an associate degree in history.

3.  The applicant provides a diploma; three Dean's List certificates, a certificate of completion of a Security Training Course, and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. 

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 27 June 2001 and trained as an infantryman.  He served in Kuwait from 1 March 2003 to 16 February 2004.  

3.  The applicant was a self referral to the Army Substance Abuse Program (ASAP) in May 2004 and he was enrolled in outpatient treatment.  He was released from treatment on 29 September 2004 with a good progress rating from his therapist and satisfactory rating from his command.  

4.  On 16 December 2004, the applicant's command contacted the applicant's therapist at the ASAP and reported that the applicant had experienced additional alcohol-related incidents since his release from treatment.  His command indicated that they wanted to pursue a chapter 9 rehabilitative failure since the applicant refused to stop drinking.  On 15 March 2005, the applicant was declared a rehabilitation failure and was notified of his pending separation under the provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug abuse rehabilitation failure.  On 15 March 2005, the applicant consulted with counsel, acknowledged that he understood he might expect to encounter substantial prejudice in civilian life in the event a general discharge was issued to him, and elected not to submit a statement in his own behalf.  The separation authority approved the recommendation for discharge and directed that the applicant be furnished an honorable discharge.     

5.  Accordingly, the applicant was honorably discharged on 24 March 2005 under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.  He had served 3 years, 8 months, and 28 days of creditable active service.

6.  Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, CHAP [Chapter] 9.”  Item 26 (Separation Code) on his DD Form 214 shows the entry "JPD."  Item 27 (Reentry Code) on his DD Form 214 shows the entry "4."  Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry "ALCOHOL REHABILITATION FAILURE.”



7.  Army Regulation 635-5-1 (Separation Program Designator 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 states 
the reason for discharge based on separation code “JPD is “Alcohol Rehabilitation Failure” and the regulatory authority is Army Regulation 635-200, chapter 9.  

8.  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 processing into the Regular Army and the U.S. 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.

9.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.  

10.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

11.  The Separation Program Designator (SPD) Code/Reentry Code Cross Reference Table, dated 31 March 2003, shows that when the SPD is "JPD," then an RE code of 4 will be given.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he completed the ASAP in 2004 was noted.  Evidence of record shows he was released from outpatient treatment in September 2004; however, he was declared a rehabilitation failure in March 2005 for refusing to stop drinking.

2.  The applicant’s desire to reenter the Army is admirable; however, his RE code and narrative reason for separation were administratively correct and in conformance with applicable regulations at the time of his separation.  There is an insufficient basis on which to grant his requests.



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)                                         AR20090009633



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ABCMR Record of Proceedings (cont)                                         AR20090009633



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