BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100008078 


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 eligibility code (RE) code from an RE-4 to an RE-3.

2.  The applicant states he has completed a drug and alcohol program at a rehabilitation center.  He goes to Alcoholics Anonymous on a nightly basis and he has also been clean for 4 1/2 years and is involved in a home group and as a sponsor.  He also speaks at seminars and sponsors four addicts.  He would like to join the Army National Guard.

3.  The applicant provides the following documents:

* a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a letter from his rehabilitation center therapist

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 for a period of 4 years on 11 September 1997.  He held military occupational specialty 92A (Equipment Record and Parts Specialist).  The highest rank/grade he attained during his military service was private first class (PFC)/E-3.  He was assigned to Headquarters and Headquarters Battery, 3rd Battalion, 62nd Air Defense Artillery, Fort Drum, NY.

3.  The applicant's records also show he served in Korea from March 1998 to March 1999.  He was awarded the Army Service Ribbon, Overseas Service Ribbon, Expert Marksman Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  On 23 September 1999, by memorandum, a counselor and a clinical director of the Fort Drum Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) stated that the applicant was self-referred to ADAPCP on 23 August 1999.  An initial screening diagnosed him with inhalant dependence.  This diagnosis was further confirmed by the clinical consultant.  He was subsequently enrolled in an outpatient group counseling program on 30 August 1999 after a command consult.  As part of his treatment plan, he agreed to remain abstinent from all mood-altering chemicals, attend the Narcotics Anonymous 12-step program three times a week, and get a sponsor.  He attended his first and only group counseling session on 2 September 1999.  A subsequent telephonic command consult on 23 September 1999 confirmed he had been using inhalants since his enrollment in the ADAPCP.  He lacked the motivation for rehabilitation and, without long term treatment, his prognosis seemed unfavorable.

5.  On 5 October 1999, he was counseled by a member of his chain of command for failure in the ADAPCP.  He stated that he had been using glue inhalation drugs on numerous occasions.

6.  On 18 October 1999, his immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation
635-200 (Personnel Separations - Enlisted Personnel), chapter 9, for alcohol or other drug abuse rehabilitation failure.  Specifically, the immediate commander 

stated that the applicant was unable to successfully participate in the ADAPCP program of treatment.  He had been given opportunities to help himself but he had been unable to remain abstinent due to the severity of his drug problem.  Therefore, he was proven as a rehabilitation failure.

7.  On 18 October 1999, he acknowledged receipt of the commander's intent to separate him and he was advised of the basis for the contemplated separation for drug abuse 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 he understood he may encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him.  He elected not to submit a statement on his own behalf.

8.  On 19 October 1999, his immediate commander initiated separation action on the applicant in accordance with Army Regulation 635-200, chapter 9, by reason of drug rehabilitation failure.

9.  On 22 October 1999, the separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, chapter 9, with an honorable characterization of service.  The applicant was accordingly discharged on 5 November 1999.  The DD Form 214 he was issued shows he was honorably discharged by reason of "alcohol rehabilitation failure."  This form further confirms he completed a total of 2 years, 1 month, and 25 days of creditable active service.  Item 26 (Separation Code) shows the entry "JPD" and item 27 (Reentry Code) shows the entry "4."

10.  He provides a letter, dated 30 August 2006, from his therapist who verifies that the applicant had completed an Alcohol and Other Drugs (AOD) evaluation on 25 August 2006.  Based on the results of the evaluation there appeared to be no evidence of any active substance abuse problem at that time.  Therefore, he was not recommending any AOD treatment; however, he recommended the applicant's continuation in a recovery program.

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 enrolled in the ADAPCP for alcohol or other drug abuse may be separated because of the 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.  Initiation of separation proceedings is required for Soldiers designated as alcohol and or other drug rehabilitation failures. The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions.

12.  Army Regulation 635-200 further 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 (Active and Reserve Components 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 included a list of the RA RE codes:

	a.  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.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted. 

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

13.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states SPD codes are three-character alphabetic combinations which identify reasons for and types of, separation from active duty.  The SPD Codes of "JPC/JPD" are the correct codes for Soldiers separated under the provisions of Army Regulation 635-200, chapter 9, by reason of "drug/alcohol rehabilitation failure."

14.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  This cross reference table applicable at the time of his discharge shows the SPD code and a corresponding RE code.  The SPD codes of "JPC/JPD" have a corresponding RE code of "4" for either SPD.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code should be changed to a more favorable code so he may reenter military service was carefully considered; however, it was found to be without merit.

2.  The evidence of record shows his RE code was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200,
chapter 9, for alcohol or other drug rehabilitation failure.  Absent his ADAPCP rehabilitation failure, there was no fundamental reason for his separation.
The RE code associated with his ADAPCP rehabilitation failure is RE code of 4.  Therefore, he received the appropriate RE code associated with his discharge.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  Therefore, there is insufficient evidence to grant him 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)                                         AR20100008078



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)