BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100010947 


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 reenlistment eligibility (RE) code be upgraded.

2.  The applicant states he believes his RE code is too severe for having failed the Army Substance Abuse Program (ASAP).  He completed a substance abuse program through the Department of Veterans Affairs (VA) in September 2009.

3.  The applicant provides copies of his DD From 214 (Certificate of Release or Discharge from Active Duty), a VA Outpatient Additions Program completion letter, and three letters of recommendation.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty on 28 February 2006, completed training, and was awarded the military occupational specialty 21 B (Combat Engineers).

2.  On 24 April 2008, the applicant self-referred himself to the Army’s Substance Abuse Program (ASAP) for alcohol dependency following a driving under the influence (DUI) citation.  

3.  On 9 June 2008 it was determined by ASAP and his unit commander, that the applicant should be considered an alcohol rehabilitative failure.  The applicant failed to follow his treatment plain, declined to participate in the formulation of that treatment plan, and would not even sign it.  Throughout his enrollment in the program, he constantly denied that he had a drinking problem despite a medical diagnosis to the contrary.  He sought to be disenrolled from the program at every opportunity and failed to complete projects assigned to him by the counselor.  The unit commander stated that he agreed with the counselors' assessment that the applicant could not be rehabilitated and recommended that he be separated from the service.

4.  On 27 June 2008, the applicant was arrested for driving under the influence (DUI) of alcohol.  His reported blood alcohol content (BAC) was .110.

5.  A 1 July 2008 counseling statement, prepared by the applicant's unit commander, states that on 27 June 2008, the company First Sergeant gave all the Soldiers in the company index cards and had them identify three Soldiers within the company who would most likely get into trouble with alcohol over the weekend.  Overwhelmingly, the applicant's name was one of them and consequently the unit commander gave the applicant a no drinking order for the weekend.  Despite that order, the applicant chose to drink anyway and subsequently received a DUl citation.  As a result of this, the unit commander revoked the applicant's on-post driving privileges for a minimum of one year.  The unit commander stressed that although the applicant was already pending separation as an ASAP failure, he was still forbidden from consuming or possessing any form of alcohol or other mind altering substances until he was separated.  He advised the applicant that a letter of reprimand would be issued.

6.  The applicant received a letter of reprimand for driving under the influence of alcohol on 28 June 2008 under the base commanders signature.  The base commander directed the reprimand be placed in his Official Military Personnel File (OMPF).

7.  On 31 July 2008 the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for failing to report to his appointed place of duty, DUI counseling.

8.  On 4 September 2008, the applicant's unit commander initiated final action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 9-2, as an alcohol rehabilitation failure.  The unit commanded cited his reason as the applicant's ASAP failure with a subsequent DUI and the NJP for failing to report.

9.  On 22 September 2008 the discharge authority approved the discharge and directed his service be characterized as general, under honorable conditions.

10.  The applicant was discharged on 25 September 2008.  He had 2 years, 6 months, and 28 days of creditable service with no lost time.

11.  His DD Form 214 shows he received a general discharge under the provisions of Army Regulation 635-200, paragraph 9-2, as an alcohol rehabilitation failure with a separation program designator (SPD) of JPD and an RE code of 4.

12.  A 3 September 2009 VA letter states the applicant participated in Evening Outpatient Addictions Program from 1 August 2009 through 2 September 2009.  It is reported the applicant last consumed alcohol on 4 August 2009 and there was no evidence to doubt this fact.

13.  The letters of reference describe the applicant as a well disciplined industrious person with pleasant personality.  

14.  Army Regulation 635-5-1 (Separation Program Designator Codes) provides the specific authority, reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code of JPD is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 9, by reason of alcohol rehabilitation failure. The SPD/RE Code Cross Reference Table included in the regulation establishes RE-4 as the proper code to assign members separated with this SPD code.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he believes his RE code is to severe for having failed the Army Substance Abuse Program (ASAP).  He completed a substance abuse program through the Department of Veterans Affairs (VA) in September 2009.

2.  The applicant had at least two DUI's in a relatively short period, one of them while he was supposedly voluntarily seeking help for the alcohol problem, as well as a direct order not to drink.   He was identified by not just his chain of command but by the rank and file of his company as a problem drinker.  He was properly declared an alcohol rehabilitation failure based not just on his DUIs but more importantly on his failure to actively participate in the ASAP. 

3.  While it is laudable that the applicant is now attempting to control his alcohol problem, the VA letter is insufficient evidence to show that this 30 day program has been successful.   The reference letters portray a good person but do not address the applicant's alcohol problem or reference his sobriety.  As such neither the VA letter or the reference letters are sufficient to show the applicant has overcome his alcohol problem and do not mitigate the misconduct that resulted in his discharge.  

4.  An RE code is driven by the SPD code which in turn is driven by the reason and authority for separation.  The applicant has not contended that the reason for his separation is in error or unjust and without a change of the reason for separation and the SPD, it would not be appropriate to change the RE code.

5.  The applicant's administrative separation was accomplished in compliance with applicable regulations.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case and the SPD and RE code utilized areappropriate.

6.  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.

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)                                         AR20100010947





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ABCMR Record of Proceedings (cont)                                         AR20100010947



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