IN THE CASE OF:	  

		BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110001096 


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 change of his reentry eligibility (RE) code from RE-4 to either RE-1 or RE-3.

2.  The applicant states that while he is not attempting to escape responsibility for his action, he would like the Board to consider his accomplishments while on active duty and his post-service achievements.

3.  He explains that he was awarded two Army Achievement Medals, a Good Conduct Medal, and the Humanitarian Service Medal.  He also attended the Air Assault School, Sapper Leadership School, Primary Leadership Development Course, and the Combat Lifesaving School.

4.  He adds that since his discharge he quit drinking and has been sober since 2002; he has earned a Bachelor of Science and Master of Arts degree, both in the field of economics; he currently works as an educator at a technical school; and he is physically active.

5.  He concludes by stating that since he was punished for his actions under the Uniform Code of Military Justice, his RE-4 is a redundant form of punishment.

6.  The applicant does not provide any additional documents in support of his request.

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 16 August 1994.  He was trained in and awarded military occupational specialty 12B (combat engineer).

3.  The applicant's Official Military Personnel File (OMPF) does not contain his discharge packet.  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 7 October 1998 under the provisions of Army Regulation 635-200 (Enlisted Separations - Enlisted Personnel), chapter 9, by reason of alcohol rehabilitation failure, with a general discharge.  Item 26 (Separation Code) shows the entry "JPD."  Item 27 (RE Code) shows the entry "4."

4.  Army Regulation 635-200 (Enlisted Separations) 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 Army Drug and Alcohol Prevention and Control Program (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.

5.  Army Regulation 635-5-1 (Separation Program Designator (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 that the SPD code JPD is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, by reason of alcohol rehabilitation failure.  The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of JPD.

6.  Army Regulation 635-200 further 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.  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 for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant was discharged for Alcohol Rehabilitation Failure, he was properly assigned an RE-4 code in accordance with the SPD/RE codes cross reference table.

2.  The applicant's accomplishments while on active duty and his post-service achievements are commendable; however, they do not change the appropriateness of the RE-4 code that was assigned to him based on the authority and narrative reason for separation.  His conduct while on active duty led to his discharge for a reason which the Army has determined warranted assignment of an RE code which would preclude his reentry into the Army.

3.  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)                                         AR20110001096



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ABCMR Record of Proceedings (cont)                                         AR20110001096



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