IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100012781 


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 his reentry eligibility (RE) code be changed from 
4 to 1.

2.  The applicant states he has been rehabilitated.  With the love and support from his family and friends he has made many positive steps in becoming a productive member of society.  Had the Army not stepped into his life he would have never seen his drinking as a problem.  He has found a new place in the community and in his personal life that he is able to be proud of for himself and his family.  He wants to reenlist and serve his country with pride and honor to the full extent of his abilities and potential.  

3.  The applicant provides a copy of a completion certification from the Noble County Probation Department, Albion, IN.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he enlisted in the Regular Army on 20 July 2006 for a period of 3 years and 19 weeks.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 88M (Motor Transport Operator).

2.  On 29 July 2009, the applicant's commander notified him he was initiating action to discharge him under the provisions of chapter 9 of Army Regulation 635-200 for alcohol rehabilitation failure.  The commander stated the applicant was command referred to the Army Substance Abuse Program (ASAP) and he was declared dependent on alcohol.  He was enrolled in ASAP for the first time on 30 March 2007.  He attended multiple group sessions but began drinking again on 1 May 2007.  He again had a relapse by 29 May 2007.  He was admitted to an in-patient program on 23 July 2007 and discharged as successful on 3 September 2007.  

3.  He then transferred on 8 April 2008 and initiated group treatment on 29 April 2008, but reported drinking again on 20 May 2008.  He refused to participate in Command direct ASAP treatment interventions by not taking prescribed medication to support abstinence.  These actions demonstrated rehabilitation treatment failure.  He had been considered by the ASAP to be high-risk in that he used alcohol in a dangerous manner.  The ASAP is of the impression that there is high potential for him to engage in additional incidents in the future.  The commander concluded that the ASAP and the Command do not appear to be able to offer him the level of support that he appears to require to successfully attain and sustain an alcohol free lifestyle.

4.  The commander further advised the applicant he was recommending that he receive a General Discharge Certificate.

5.  The commander advised the applicant he had the right to:

* consult with counsel
* submit written statements in his own behalf
* obtain copies of documents being sent to the separation authority
* waive these rights and withdraw any such waiver any time prior to the date his separation was approved

6.  On 1 August 2008, the applicant acknowledged that he had been advised by counsel of the basis for the contemplated action against him under the provisions of chapter 9 of Army Regulation 635-200 for alcohol rehabilitation failure.  He acknowledged that he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him.  The applicant requested and he was provided counsel prior to waiving his rights.  The applicant did not submit a statement in his own behalf.

7.  The applicant's commander recommended him for discharge under the provisions of chapter 9 of Army Regulation 635-200.  The commander stated after a careful review of this case, and tempered by common sense and sound judgment, a rehabilitative transfer of the applicant would serve no useful purpose. The commander requested that the requirement for a rehabilitative transfer in this case be waived.  The request for waiver was based on the determination that further duty of the Soldier would:
* create serious disciplinary problems or a hazard to the military mission or to the Soldier
* be inappropriate because the Soldier was resisting rehabilitative attempts
* rehabilitation would not be in the best interests of the Army as it would not produce a quality Soldier

8.  The appropriate authority approved the recommendation for discharge of the applicant under the provisions of chapter 9 of Army Regulation 635-200 and directed that he be furnished an General Discharge Certificate.

9.  On 20 August 2008, the applicant was discharged under the provisions of chapter 9 of Army Regulation 635-200 due to alcohol rehabilitation failure.  He was assigned a separation program designator (SPD) code of JPD and assigned an RE code of 4.  He had completed 2 years, 1 month, and 1 day of active service that was characterized as under honorable conditions.

10.  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 individuals because of alcohol or other drug abuse.  A member who has been referred to Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) (now known as 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.  At the time of the applicant's separation an honorable or general discharge was authorized.

11.  Army Regulation 635-5-1 (Separation Program Designator Codes), then in effect, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons.  The regulation showed the SPD code JPD as shown on the applicant's DD Form 214 specified the narrative reason for discharge as "alcohol rehabilitation failure."

12.  The SPD/RE Code Cross-Reference Table, then in effect, indicated the appropriate RE code for SPD code JPD was 4.

13.  Pertinent Army regulations state 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 and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes.  
Table 3-1 (U.S. Army reentry eligibility codes) states that an RE-4 applied to persons separated from their last period of service with a non-waivable disqualification.  These individuals are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code of 4 should be changed to 1 so he can reenlist in the military service.  

2.  The applicant was processed for discharge based on his refusal to participate in Command directed ASAP Treatment interventions by not taking prescribed medication to support abstinence.  These actions demonstrated rehabilitation treatment failure.

3.  The applicant was properly and equitably discharged in accordance with regulations.  Therefore, the type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  The records contain no indication of procedural or other errors that would tend to jeopardize his rights.

4.  The applicant was processed for separation due to alcohol rehabilitation failure.  Therefore, the SPD code JPD is correct.  According to the SPD/RE Code Cross-Reference Table, the assignment of RE-4 for the applicant's SPD code JPD is correct.

5.  The applicant's post-service achievements and conduct are noted.  However, good post-service conduct alone is not normally sufficient to change a properly-assigned RE code.  The ABCMR does not change records based solely on the passage of time.

6.  The ABCMR does not change records for the purpose of establishing eligibility for other programs or benefits.

7.  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 that 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)                                         AR20100012781



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ABCMR Record of Proceedings (cont)                                         AR20100012781



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