IN THE CASE OF:	

		BOARD DATE:	  01 April 2010

		DOCKET NUMBER:  AR20090015761 


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 code (RE) code of 4 be changed to an RE code of 3.

2.  The applicant states, in effect, that he believes the change is justified because no one clearly explained to him the meaning and ramifications of the RE code at the time of discharge.  He got home and realized he had made the biggest mistake of his life and he did everything he could possibly do to square himself away.  He wants nothing more than to be a Soldier and he will do anything to get there.  He hopes that he has done enough to earn a second chance.   

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 11 February 2008, and eight character reference letters or letters of support, dated on miscellaneous dates, from various individuals, including his mayor, his wife, his pastor, and friends, in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army (RA) on 18 June 2007 and held military occupational specialty 89B (Ammunition Specialist).  The highest rank/grade he attained during his period of military service was private/E-1.  He was assigned to Redstone Arsenal, AL.



2.  His records also show he was awarded the National Defense Service Medal. 

3.  His records contain an extensive history of counseling by several members of his chain of command for various infractions including possession of alcohol in the barracks, failure to follow instructions, missing formation, unsatisfactory performance, and failure to report. 

4.  On 14 September 2007, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to obey a lawful order by wrongfully consuming alcohol and bringing alcohol to the company barracks, and failing to go at the time prescribed to his appointed place of duty on or about 4 September 2007.   His punishment consisted of a forfeiture of $280.00 pay, 14 days of restriction, and 14 days of extra duty.

5.  On 24 September 2007, he was enrolled in outpatient counseling at the Army Substance Abuse Program (ASAP) subsequent to a referral by his command.   He agreed to remain abstinent from all alcohol while enrolled in the ASAP. 

6.  On 1 October 2007, he had another alcohol-related incident in the company barracks.  His immediate commander subsequently recommended an inpatient residential treatment program.  The applicant was admitted on 8 October 2007 and was released on 29 October 2007 as a success.  He attended 5 out of
9 scheduled group sessions with 2 excused sessions.

7.  On 26 November 2007, his unit first sergeant reported that he was intoxicated on 25 November 2007 while on duty.  He was tested at the Military Police station and he had a 0.23 percent blood alcohol level.  He was declared an alcohol rehabilitation failure.

8.  On 16 January 2008, he accepted NJP under the provisions of Article 15 of the UCMJ for failing to be at his appointed place of duty at the time prescribed on four different occasions between on or about 25 November and 16 December 2007.  His punishment consisted of a forfeiture of $303.00 pay, 14 days of restriction, and 14 days of extra duty.

9.  On 25 January 2008, his immediate commander notified him of his intent to initiate separation action against him in accordance with chapter 9 of Army Regulation 635-200 (Personnel Separations), for alcohol rehabilitation failure.  The immediate commander recommended a general discharge under honorable conditions. 


10.  On 25 January 2008, he acknowledged receipt of the commander's intent to separate him and was advised of the basis for the contemplated separation action, 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.  The applicant 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.  

11.  On 25 January 2008, his immediate commander initiated separation action against him in accordance with Army Regulation 635-200 by reason of alcohol rehabilitation failure.  On 5 February 2008, his intermediate commander recommended approval.  Both recommended that he be issued a general discharge.

12.  On 5 February 2008, the separation authority approved the applicant’s discharge under the provisions of chapter 9 of Army Regulation 635-200, due to alcohol rehabilitation failure with a general discharge.  He was accordingly discharged on 11 February 2008.  He completed 7 months and 24 days of creditable active service.  Item 26 (Separation Code) shows the entry "JPD" and item 27 (Reentry Code) shows the entry "4."

13.  He submitted the following documents:

	a.  A statement, dated 27 February 2009 from his city mayor wherein the mayor stated that he supports the applicant's return to military service. 

	b.  An undated statement from his spouse wherein she chronicles how she met the applicant and married him.  She then describes his military experience and acknowledges he made mistakes but he is willing to take whatever penalties the Army has to offer so that he may reenter the Army.

	c.  In a statement, dated 29 September 2008, an official at the Intoxicated Driver Resources Center comments on the applicant's successful treatment for alcohol abuse.

	d.  In an undated statement from his sponsor while at Alcoholics Anonymous, the sponsor comments on the applicant's love of being a Soldier and supports his desire to reenter military service.

	e.  In an undated statement, one of his friends comments on his desire to reenter the Army and supports his intent.  The applicant's friend also describes him as a hard-working and patriotic individual.
	f.  In a statement, dated 27 September 2008, another friend comments on the facts that the applicant cleaned his alcohol abuse up.  He also describes him as a hard-working individual and supports his intent to reenter the Army.

	g.  In an undated letter to his Member of Congress, the applicant solicits help to reenter the military.  He describes the events that led to his discharge and his efforts to overcome his alcohol problems.  

	h.  In an undated statement, the applicant's supervisor comments on his drastic work improvements and supports his desire to reenter the Army.

14.  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 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.  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.

15.  Army Regulation 635-200 states that prior to discharge or release from active duty, individuals are 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 RA RE codes.  An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the 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.

16.  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.  Their primary purpose 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.  

17.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  The cross reference table shows the SPD code and a corresponding RE code.  At the time of his discharge, the SPD code of "JPD" had a corresponding RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code should be changed from an RE code of 
4 to a 3.

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 alcohol rehabilitation failure.  Absent his abuse of alcohol and subsequent rehabilitation failure, there was no fundamental reason to separate him.  The RE code associated with this type of discharge is an RE code of 4.  Therefore, the applicant was assigned the appropriate RE code.

3.  The applicant's desire to reenter the military and the enormous support he received from various individuals was considered.  However, records are not corrected solely for the purpose of establishing eligibility for other programs or benefits.  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)                                         AR20090015761



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ABCMR Record of Proceedings (cont)                                         AR20090015761



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