IN THE CASE OF:	

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090015913 


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 was discharged for failing the Army alcohol rehabilitation program and that his chain of command told him that he would be eligible for enlistment with a waiver in the future.  He adds that he no longer has an alcohol problem and he wishes to serve his country.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 September 2005 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 (RA) for a period of 5 years on 17 February 2004.  He completed basic combat and advanced individual training and was initially awarded military occupational specialty (MOS) 11B (Infantryman).  The highest rank/grade he attained during his military service was private first class (PFC)/E-3.  He was assigned to the   3rd Battalion, 15th Infantry, Fort Stewart, GA.

3.  The applicant's records also show he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Army Lapel Button, Expert Marksmanship Qualification Badge with Rifle Bar
(M-16), and the Parachutist Badge.

4.  On 17 August 2005, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 9, for alcohol or other drug rehabilitation failure.  The immediate commander cited the applicant’s failure in the Army Substance Abuse Program (ASAP) and recommended an honorable discharge.

5.  On 17 August 2005, the applicant acknowledged receipt of the commander's intent to separate him and he 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 in his own behalf.

6.  On 17 August 2005, the applicant’s immediate commander initiated separation action against him in accordance with Army Regulation 635-200, chapter 9, by reason of alcohol or other drug rehabilitation failure.  The immediate commander recommended an honorable discharge.

7.  On 22 August 2005, the separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, chapter 9, and directed the applicant’s service be characterized as honorable.  The applicant was accordingly discharged on 2 September 2005.  The DD Form 214 he was issued confirms he was discharged with an honorable characterization of service, by reason of alcohol rehabilitation failure.  This form further confirms he completed a total of 1 year, 6 months, and 16 days of creditable active military service.  Item 26 (Separation Code) shows the entry "JPD" and item 27 (Reentry Code) shows the entry "4."
8.  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.  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.

9.  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 U.S. Army Reserve (USAR).  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 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.

10.  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 the Department of Defense 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 Army Regulation 635-200, chapter 9.

11.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  The cross reference table in effect at the time of the applicant's separation and now shows the SPD code and a corresponding RE code.  The SPD code of "JPD" had and still has a corresponding RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant’s RE code was assigned based on the fact that he was separated under the provisions of Army Regulation
635-200, chapter 9, 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 an RE code of 4.  Therefore, the applicant received the appropriate RE code associated with his discharge.

2.  The applicant's post-discharge alcohol abstinence and his desire to reenter military service are also noted.  However, the ABCMR does not correct records 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 the requested 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)                                         AR20090015913



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ABCMR Record of Proceedings (cont)                                         AR20090015913



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