IN THE CASE OF:
BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090011869
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 of 4 be changed so that he may reenlist in the Army.
2. The applicant states that he believes he received an unfair RE code. After less than 3 months in a rehabilitation program he was unable to be rehabbed in a military setting. After a civilian based rehabilitation program he has now been clear for over a year. He believes that with help, he can become the Soldier he once was.
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. On 12 January 2006, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 52D (Power Generator Equipment Repairman).
2. On 10 July 2006, the applicant was assigned for duty at Fort Stewart, Georgia.
3. On or about 15 April 2007, the applicant's commander referred him to the Army Substance Abuse Program (ASAP) for evaluation. An initial screening and evaluation revealed that the applicant had used cannabis. A medical evaluation was subsequently conducted.
4. On or about 18 April 2007, the applicant was enrolled in ASAP. He attended group and individual counseling sessions and was prescribed antabuse.
5. On or about 10 July 2007, it was determined that the applicant had failed to comply with treatment plans and goals. He had twice tested positive for cannabis while enrolled in ASAP. Further rehabilitation efforts in a military environment were determined to be not practical due to the applicant's lack of progress.
6. On 8 August 2007, the applicant's commander recommended that he be separated from the military service due to failure to meet the requirements of ASAP.
7. On 22 August 2007, the appropriate authority approved the recommendation and directed that he be discharged under the provisions of Army Regulation
635-200, chapter 9 due to rehabilitation failure. His service was characterized as honorable and he was not transferred to the United States Army Reserve.
8. Accordingly, he was given a Separation Program Designator (SPD) Code of JPC and an RE Code of 4. His character of service was honorable.
9. Army Regulation 635-200 (Personnel Separations) 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. At the time of the applicants separation an honorable or general discharge was authorized.
10. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. 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.
11. Army Regulation 635-5-1 (Separation Program Designator (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 JPC 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, due to 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 should be changed because he has been clean for over a year and believes he can become the Soldier he once was.
2. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for his discharge. The applicants desire to reenter military service is noted; however, there are no provisions authorizing the change of an RE code for this purpose.
3. 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.
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.
ABCMR Record of Proceedings (cont) AR20090003736
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