IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100013119 


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 eligibility (RE) code be changed from RE 3C to an RE code that will enable him to reenter the Army.

2.  The applicant states that since his discharge he has maintained a strong and steady work history, gone to college, and received training at a trade school.  He contends that he has kept a good public standing with no police or law record.  He has matured and became more responsible since his discharge and these qualities could be valuable and beneficial to the men and women he would be serving with.  He adds that he has kept his physical training up to the standards required by the military.

3.  The applicant provides a copy of his separation documents and his DD Form 214.

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 enlisted in the Regular Army on 30 January 1987.  Upon completion of initial entry training he was awarded military occupational specialty 19D (Cavalry Scout).

3.  On 20 April 1989, he was notified by his unit commander of a pending action to separate him from active duty under the provisions of Army Regulation
635-200 (Personnel Separations - Enlisted Personnel), chapter 9, by reason of drug abuse rehabilitation failure.  The unit commander cited as the basis for the proposed separation action the applicant's inability and refusal to participate in, cooperate in, and successfully complete the Army Drug and Alcohol Prevention and Control Program (ADAPCP).  The unit commander specifically cited that the applicant tested positive for marijuana while enrolled in the ADAPCP.  He was also informed that he would receive an honorable discharge.

4.  On 21 April 1989, the separation authority approved the recommendation for separation with his service characterized as honorable.  Accordingly, he was discharged from active duty on 10 May 1989.

5.  The applicant's DD Form 214 shows he was given a separation program designator (SPD) code of "JPC" (involuntary discharge - drug abuse rehabilitation failure) and corresponding RE codes of "3" and "3C."

6.  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 ADAPCP 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 general under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required.  

7.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the 

SPD codes to be entered on the DD Form 214.  It states, in pertinent part, that the SPD code "JPC" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 9, by reason of drug rehabilitation failure.  The SPD/RE Code Cross Reference Table, in effect at the time, stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of "JPC."

8.  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-3C applies to Soldiers who have completed over 4 months of service who do not meet the basic eligibility pay grade requirements of Army Regulation 601-280 (Army Retention Program).  They are ineligible for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his RE code be changed so he may reenter the Army has been carefully considered.

2.  He was honorably discharged under the provisions of Army Regulation
635-200, chapter 9, by reason of drug abuse rehabilitation failure.  Based on the authority and reason for separation, he was properly assigned an SPD code of "JPC" and an RE code of "3" in accordance with the applicable regulations.  He was also properly assigned an RE Code of "3C" based on his pay grade.

3.  He has failed to provide evidence that an error exists on his DD Form 214.  Therefore, there is no basis to grant the relief requested.  

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers.

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)                                         AR20100013119



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ABCMR Record of Proceedings (cont)                                         AR20100013119



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