IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100011922 


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 (RE) code be upgraded to a "3."

2.  The applicant states, in effect, that he is an Operation Iraqi Freedom (OIF) Veteran who served in Iraq in 2005.  At that time, he was engaged to a fellow Soldier in his unit who was sexually assaulted and impregnated.  By December 2005, they were married.  In February 2006, his wife's mother died of a heart attack.  His wife died in a motor vehicle accident 6 months later.  During this same period, his father was seriously ill with renal failure and his mother donated a kidney to him during an organ transplant operation.  The applicant continues his statement as follows:

	a.  During this difficult period, he had difficulty getting out of bed, showing up for work on time, and providing the necessary leadership to his Soldiers.  Realizing he needed to help himself, he tried to improve himself through a physical fitness program.  Then he voluntarily sought medical assistance at a military hospital and was provided with relaxation techniques.  He states these techniques did not work and that he felt the military counselor had written him off so he sought help from a civilian psychiatrist.  

   b.  He received a driving under the influence (DUI) citation which he believes ultimately led to his dismissal from the Army.  He readily accepts responsibility for his actions but states he was only temporarily not suitable for continued service.  
   
   c.  Prior to his personal hardships, the applicant states he was a very hard worker and always took the initiative to be tactically and technically proficient.  For his hard work, he states he received numerous awards and was promoted ahead of his peers.  He now believes that if his military leaders and the staff at the military hospital would have taken him more seriously, the outcome would have been different.  In effect, the traumatic loss of his wife, his mother-in-law, and serious illness of his father within a short period attributed to his poor behavior.  

   d.  Since his discharge, he states he has gone to counseling and is not dependent on any substances.  He is enrolled in a community college and soon will start school at a 4-year degree university.  He concludes by saying his RE code should be upgraded to a more favorable code. 

3.  The applicant provides the following documentary evidence in support of his application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 8 June 2007 showing a discharge characterization under honorable conditions;

	b.  Death certificate showing his wife died on 14 August 2006 due to multiple internal injuries from a motor vehicle accident;

	c.  six letters of recommendation with only one letter authenticated by its author;

	d.  a letter, dated 25 June 2008, from a doctor recommending he attend an Alcohol and Drug Education Traffic School (ADETS); and 

   e.  a certificate and letter of completion for a 16-hour Prime For Life Risk Reduction Program/ADETS, dated 20 August 2008;

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 August 2002.  He completed his initial entry training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).  The highest rank he attained was sergeant/pay grade E-5.  He is an OIF Veteran whose awards and decorations include two Army Commendation Medals and three Army Achievement Medals.  None of these five decorations were for valor. 

2.  The applicant's service records contain copies of DA Forms 4856 (Developmental Counseling Form) that show on 22 June 2006 the applicant was counseled by his supervisor and advised he could potentially be separated if he was found mentally unfit for duty.  Earlier the applicant had reported to his supervisor that he was having mental problems and needed to speak to a chaplain and enroll in an alcohol rehabilitative program.  The applicant concurred with the statements made by his supervisor.  A second counseling form shows he was counseled for being absent without leave (AWOL) on 11 October 2006.

3.  A review of the applicant's available service records shows no history of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) or record of court-martial.  However, his record does contain a company grade memorandum of reprimand for being absent without leave from 9 November to 11 November 2006.  

4.  In a letter, the military substance abuse counselor stated that on 11 December 2006, the applicant had referred himself to the Army Substance Abuse Program (ASAP) clinic.  He was diagnosed with alcohol dependency and enrolled in the outpatient ASAP.  

5.  On 15 December 2006, the applicant returned to the military clinic stating he could not stop drinking.  An intervention meeting was held with the applicant’s first sergeant, executive officer, first line supervisor and ASAP counselor.  The consensus was that the applicant should be enrolled in the in-patient program so he could effectively work through his emotional and psychological issues.

6.  On 16 December 2006, the applicant was admitted into an in-patient hospitalization program for alcohol dependency.  He remained hospitalized for 30 days and was released on 16 January 2007 after he had successfully completed the in-patient substance abuse program.  Upon discharge, he was advised he had to report to all scheduled counseling appointments, group sessions and attend Alcohol Anonymous meetings on his own.  The record shows he missed two scheduled group sessions and an individual counseling appointment with his ASAP counselor.  

7.  On 27 January 2007, the applicant received a citation for driving under the influence of alcohol. 

8.  On 29 January 2007, after consulting with the applicant’s chain of command, the ASAP counselor determined the applicant had not made satisfactory progress in the ASAP and declared him a rehabilitation failure.

9.  Accordingly the applicant's company commander notified him that he was initiating action to discharge him under the provisions of chapter 9 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) due to his failure to complete the ASAP.  The commander advised the applicant that he could receive a General Discharge Certificate.

10.  The commander advised the applicant of his right to submit statements in his own behalf, to obtain copies of all documents used in the preparation of his separation packet, to consult with and be represented by military counsel or civilian counsel at his personal expense, and to waive any of these rights within seven days of notification and to withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his discharge.  He also was advised of his right to request alcohol abuse treatment at a Department of Veterans Affairs (VA) medical center.

11.  On 3 March 2007, the applicant was found medically qualified for continued service on active duty or separation under the provisions of chapter 9, Army Regulation 635-200.  The examining official diagnosed the applicant with alcohol abuse and depression.  

12.  The applicant was provided an opportunity to meet with counsel prior to waiving his rights.  There are no records available to show that the applicant submitted a statement in his own behalf or that he requested treatment at a VA medical center.   

13.  The applicant's company commander recommended him for discharge under the provisions of chapter 9 of Army Regulation 635-200 due to his failure to complete the ASAP rehabilitation program.  He recommended that the applicant receive a General Discharge Certificate upon separation.

14.  The approval authority approved the recommendation for discharge under the provisions of chapter 9 of Army Regulation 635-200 and directed that the applicant be furnished a General Discharge Certificate.  

15.  Accordingly, on 8 June 2007, the applicant was discharged due to alcohol rehabilitation failure.  He received a DD Form 214 confirming he had completed 4 years and 10 months of active service.  He was credited with 11 months and 8 days of foreign service credit for his OIF deployment.  His characterization of service was under honorable conditions, and he was given a separation program designator (SPD) code of "JPD."  

16.  On 9 October 2009, the Army Discharge Review Board (ADRB) determined the applicant's characterization of service was too harsh and as a result, it was inequitable.  Their decision was based on the overall length of and quality of the applicant’s service to include his combat service and the circumstances of the unexpected passing of his wife.  The ADRB determined that the reason for his discharge was both proper and equitable. 

17.  Accordingly, the applicant was issued a new DD Form 214 that shows his discharge characterization of service was upgraded to honorable based on the ADRB decision of 9 October 2009.

18.  In support of his application, the applicant provided documentation to show he successfully completed a 16-hour Prime for Life Risk Reduction Program on 20 August 2008.  In addition, he provided an acceptance letter from the Olivet Nazarene University which included a recurring financial education grant.  Lastly, six former supervisors provided letters of recommendation stating, in effect, that he experienced very severe stress related to multiple situational events in his personal life and military service.  His former commanding officer stated the death of the applicant’s spouse and combat deployment to Iraq caused the applicant to behave in ways that were inappropriate and contrary to the values of a Soldier.  Prior to the applicant’s misfortune, he had been a hard worker who was intelligent, charismatic, and a highly capable noncommissioned officer.  All the letters of recommendation supported upgrading the applicant’s reentry code. 

19.  Reference:

   a.  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 Drug and Alcohol Prevention and Control Program (ADAPCP) currently known in the field as the Alcohol and Substance Abuse Program (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.  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 under honorable conditions. 

   b.  Army Regulation 635-200 states 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.
   
   c.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  RE codes are used for administrative purposes and are not to be considered derogatory in nature.  Simply, RE codes are used for identification of an enlistment processing procedure.

		(1)  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.

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

		(3)  RE-4 applies to Soldiers separated from their last period of active service with a nonwaivable disqualification.

   d.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides that the reasons for separating Soldiers from active duty and their corresponding SPD codes will be entered on the Soldiers' DD Forms 214.  It states that SPD code "JPD" is the appropriate code to assign to Soldiers who are separated for failing the drug and alcohol rehabilitation program.

   e.  The SPD/RE Code Cross-Reference Table, dated 1 December 2006, shows the appropriate RE code for SPD code "JPD" is RE-4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code should be upgraded to a “3.”  He states that the sexual assault of his fiancé who later became his wife, his mother-in-law’s death, the tragic death of his spouse, and his father’s renal kidney failure resulting in a kidney transplant operation involving his mother as the organ donor were emotionally overwhelming.  When he realized he was having alcohol substance abuse issues, he sought medical assistance.    

2.  After failing the Army ASAP program which included a 30-day in-patient hospitalization followed by a driving under the influence charge, the applicant was discharged under the provisions of chapter 9, Army Regulation for alcohol rehabilitation failure.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  The ADRB found his discharge characterization was inequitable based on his family-life 


circumstances and upgraded his discharge to honorable.  The ADRB did not recommend relief for his reason for discharge as it was determined he had failed the ASAP program. 

3.  While the applicant experienced a number of tragic occurrences in his family, he was given psychiatric treatment and both inpatient and outpatient care.  When the applicant became noncompliant with his outpatient treatment plan, he relapsed.  As such, he was properly separated for alcohol rehabilitation failure under the provisions of chapter 9 of Army Regulation 635-200 and assigned an RE-4 code. 

4.  The applicant's RE code was assigned because he was separated under the provisions of Army Regulation 635-200, chapter 9, alcohol rehabilitation failure.  The only valid SPD permitted for separation under chapter 9 is "JPD" and the appropriate RE code associated with this type of SPD at the time of his discharge was RE-4.

5.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  In order to justify correction of a military record, the applicant must show 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.  Therefore, he 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)                                         AR20100011922



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ABCMR Record of Proceedings (cont)                                         AR20100011922



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