BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090018997 


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 1 so he may come back in the Army.

2.  The applicant states it was the right punishment but he has since realized he was meant to be in the military.  He would like a second chance to be a man and a Soldier.

3.  The applicant provides a copy of letter of recommendation from his former first sergeant.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 21 February 2007 and held military occupational specialty 31B (Military Police).  The highest rank/grade he attained during his period of military service was private first class (PFC)/E-3.  He was assigned to Fort Campbell, KY.

2.  His records also show he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon.

3.  On 31 October 2008, by memorandum, the clinical director of the Fort Campbell Army Substance Abuse Program (ASAP) provided a synopsis of the applicant's treatment.  He stated:

	a.  He was self-referred to ASAP on 18 August 2008.  He was evaluated and he was subsequently confirmed to have met the diagnostic criteria for alcohol dependency.  He was enrolled in intensive outpatient treatment.  He agreed to attend group therapy, the 12-step meetings, and not to use any alcohol.

	b.  He missed one scheduled appointment and on 17 October 2008, he purchased and consumed 36 beers.  He was offered a transfer to an inpatient treatment program but he declined.

	c.  His progress and commitment were poor.  He needed close monitoring by his chain of command and continued treatment at ASAP until his separation.

4.  On 25 December 2008, the applicant was observed in a highly intoxicated state on one of the upper floors of the company barracks.  He was helped by the charge of quarters to vomit some of the alcohol by drinking salt water.

5.  On 7 January 2009, by memorandum, the clinical director of the Fort Campbell ASAP provided a second synopsis of the applicant's treatment.  He stated:

	a.  On 17 December 2008, he changed his mind about the inpatient program and arrangements were made to admit him at Lincoln Trails, Radcliffe, KY.  He was admitted on 30 December 2008 but prior to that, he had two alcohol-related incidents.

	b.  He consumed alcohol on 24 December 2008.  He also admitted to his platoon sergeant that he was intoxicated on 27 December 2008 and he was involved in an alleged assault.

	c.  His progress and commitment were poor.  He needed close monitoring by his chain of command and continued treatment at ASAP until his separation.

6.  On 15 January 2009, his immediate commander notified him 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 rehabilitation failure.  The immediate commander recommended an honorable discharge.

7.  On 22 January 2009, he acknowledged receipt of the commander's intent to separate him and he 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 under honorable conditions discharge was issued to him.  He further elected not to submit a statement in his own behalf.

8.  On 25 January 2009, his immediate commander initiated separation action against him in accordance with Army Regulation 635-200, chapter 9, by reason of alcohol rehabilitation failure.  On 5 February 2009, his intermediate commander recommended approval.  Both recommended that he be issued an honorable discharge.

9.  On 6 February 2009, the separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, chapter 9, due to alcohol rehabilitation failure with an honorable discharge.  He was accordingly discharged on 20 February 2009.  He completed 2 years of creditable active service.  Item 26 (Separation Code) shows the entry "JPD" and item 27 (Reentry Code) shows the entry "4."

10.  He submitted a letter of recommendation, dated 17 October 2009, from his former first sergeant who chronicled the applicant's history in his company and his attempts to rehabilitate him.  The former first sergeant stated that he would take the applicant back into the Army but only after being administered a drug test, an alcohol test, and a comprehensive mental evaluation.

11.  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.  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.

12.  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.

13.  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 SPD code of "JPD"  is the correct code for Soldiers separated under Army Regulation 635-200, chapter 9.

14.  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-4 to an RE-1 so he may reenter the Army.

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 Army Regulation
635-200, chapter 9, 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 "4."  Therefore, the applicant was assigned the appropriate RE code.

3.  The applicant's desire to reenter the military and the letter of recommendation he received from his former first sergeant was considered.  However, records are 
not corrected solely for the purpose of establishing eligibility for other programs or benefits.  

4.  in view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20090018997



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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