IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100029384
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his separation program designator (SPD) code and his reentry eligibility (RE) code.
2. The applicant states he needs to have his SPD and RE codes changed so he can enter the National Guard or Reserve.
3. The applicant provides a copy of 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. On 1 April 1996, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 62B (Construction Equipment Repairer).
3. On 2 July 1998, the clinical director for the Army Drug and Alcohol Prevention and Control Program (ADAPCP) declared the applicant an alcohol rehabilitation failure. The applicant's commander subsequently initiated separation action under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 9-2, for failing the program.
4. On 29 August 1998, the applicant was discharged from the Regular Army due to alcohol rehabilitation failure with an SPD code of JPD. His characterization of service was general under honorable conditions and his RE code was 4.
5. On 20 January 2010, the Army Discharge Review Board (ADRB) evaluated the applicant's quality of service and determined his characterization of service was too harsh. Accordingly, the ADRB voted to change his characterization to honorable. The ADRB further determined the applicant's reason for discharge as reflected by his SPD code was proper and equitable, as was his RE code of 4.
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 individuals because of alcohol or other drug abuse. A member who has been referred to 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. At the time of the applicant's separation, an honorable or general discharge was authorized.
7. Army Regulation 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 nonwaivable disqualification.
8. Army Regulation 635-5-1 (Separation Program Designator 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. The SPD code JPD was the appropriate code for the applicant based on the guidance for Soldiers separating under the provisions of Army Regulation 635-200, chapter 9, due to alcohol rehabilitation failure. Additionally, the SPD/RE Code Cross Reference Table establishes RE code 4 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. The ADRB reviewed the applicant's discharge and made a deliberate determination that the characterization was too harsh. At the same time, it did not find fault with the original reason for his discharge or the corresponding SPD and RE codes.
2. The applicant has not offered any additional evidence or convincing argument to warrant any change to either his SPD or RE code.
3. The SPD code JPD indicating the reason for his discharge as alcohol rehabilitation failure and the RE code 4 were both correctly entered on his separation document in accordance with governing regulations. There is no evidence of error or injustice.
4. There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the RE code 4. While the applicant's desire to continue in the service to his country is commendable, there are no provisions authorizing the change of an RE code for this purpose.
5. 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.
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