IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100026335
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 is willing to complete alcohol treatment in order to change his RE code.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release of Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel records show he enlisted in the Regular Army on 13 July 2006. He completed basic combat and advanced individual training and was awarded military occupational specialty 44B (Metal Worker).
2. On 14 July 2008, the applicant's commander notified him he was initiating action to discharge him under the provisions of chapter 9 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) for alcohol rehabilitation failure. The commander stated the applicant failed to comply with the terms of his treatment. He further advised the applicant he was recommending that he receive an honorable characterization of service.
3. On 30 July 2008, the separation authority approved the recommendation for discharge of the applicant under the provisions of chapter 9 of Army Regulation 635-200 and directed he be furnished an Honorable Discharge Certificate.
4. His DD Form 214 shows he was honorably discharged on 21 August 2008 under the provisions of chapter 8 of Army Regulation 635-200 (Personnel Separations) by reason of alcohol rehabilitation failure. This form further shows he completed 2 years, 1 month, and 9 days of creditable active military service during this period. Item 26 (Separation Code) shows the entry "JPD" and item 27 (Reentry Code) shows the entry "4."
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It 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.
6. 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. Table 3-1 includes a list of the Regular Army 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-4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that item 27 reflects the RE code. Army Regulation 601-210 provides regulatory guidance on RE codes.
8. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code JPD is the correct code for Soldiers separating under the provisions of chapter 9 of Army Regulation 635-200.
9. The SPD/RE Code Cross Reference Table, dated 31 March 2005, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table shows the SPD code and a corresponding RE code. The SPD code JPD has a corresponding RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his RE code be corrected to 1.
2. The records show the applicant was processed for discharge based on his failure comply with the terms of his treatment. He 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.
3. He 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 this SPD code is correct.
4. In view of the above, his request should be denied.
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 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) AR20100026335
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ABCMR Record of Proceedings (cont) AR20100026335
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