IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100024054
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 so he may be allowed to reenter the U.S. Army.
2. The applicant states his battalion commander told him he would receive an honorable discharge, but he did not tell him he would be barred from reentering the U.S. Armed Forces. He adds he was assigned an RE code of 4 and requests that it be changed to a 2 or 3.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 had prior honorable active duty enlisted service in the U.S. Navy from 5 August 1986 to 4 August 1990.
3. The applicant enlisted in the Regular Army on16 March 1994. Upon completion of training he was awarded military occupational specialty 44B (Metal Worker).
4. On 18 September 1996, the applicant's commander referred the applicant to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for drinking and driving.
5. On 5 November 1996, the applicant was declared an ADAPCP rehabilitation failure based on poor attendance and lack of cooperation.
6. On 10 January 1997, the applicant's discharge under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Separations), chapter 9 (Separation for Alcohol or Other Drug Abuse), paragraph 9-2 (Alcohol Rehabilitation Failure), was approved. The separation authority directed that the applicant be issued an Honorable Discharge Certificate and that he not be transferred to the U.S. Army Reserve (Individual Ready Reserve).
7. The applicant's DD Form 214 shows he was honorably discharged under the provisions of AR 635-200, chapter 9, based on alcohol rehabilitation failure. Item 26 (Separation Code) shows Separation Program Designator (SPD) code "JPD" and item 27 (Reentry Code) shows "4."
8. AR 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. RE code 4 applies to persons separated from their last period of service with a non-waivable disqualification. This regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
9. AR 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. It shows SPD code "JPD" as the appropriate code for Soldiers separated under the provisions of AR 635-200, chapter 9, based on alcohol rehabilitation failure. The SPD/RE Code Cross Reference Table also shows
RE code "4" as the proper RE code to assign to Soldiers with an SPD code of "JPD."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code of 4 should be changed to a 2 or
3 so that he may be allowed to reenter Armed Forces.
2. The evidence of record shows the RE code of 4 establishing the applicant's ineligibility for enlistment/reenlistment was correctly entered on his separation document in accordance with governing regulations.
3. While the applicant's desire to serve his country is commendable, there are no provisions authorizing the change of an RE code for this purpose.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100024054
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ABCMR Record of Proceedings (cont) AR20100024054
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