IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110002049
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.
2. The applicant states he was young and irresponsible when he was in the Army. He would like a second chance to serve in the Army and knows he will do better this time.
3. The applicant provides documents from his military records.
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's military records show he enlisted in the Regular Army on 24 August 2000, he was awarded the military occupational specialty of Avenger crewmember, and he served in Europe.
3. The applicant was counseled in writing for failing to be at his appointed place of duty (five counseling's), possessing a non-insured privately-owned vehicle, wrongfully using a controlled substance, and having a sub-standard uniform.
4. He was given nonjudicial punishment twice for failing to go at the time prescribed to his appointed place of duty (five occasions), missing movement of his unit, disobeying a lawful order, and unlawfully entering the front gate entrance to the installation.
5. On 28 March 2003, the Army Substance Abuse Program (ASAP) office sent a memorandum to the applicant's commander stating the applicant referred himself to ASAP on 20 March 2002 for alcohol abuse. He was scheduled for a full screening, but he failed to keep his appointment. Before his self-referral he tested positive for Ecstasy. When he entered treatment, he was minimally motivated as evidenced by his poor participation, attending only 12 out of 33 scheduled appointments. Also, he did not attend Alcoholics Anonymous and Narcotics Anonymous meetings as recommended. The ASAP declared the applicant a rehabilitation failure.
6. The applicant's commander notified him of the intent to recommend his separation due to alcohol rehabilitation failure and of his rights in conjunction with that recommendation. The applicant requested counsel, but he opted not to submit any matters in his own behalf.
7. The commander's recommendation was approved by the appropriate authority who directed issuance of a general discharge for alcohol rehabilitation failure. The applicant was discharged on 19 June 2003. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged and assigned a separation program code (SPD) of JPD and an RE code 4. At the time of his discharge he was 21 years and 8 months of age.
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), table 3-6, lists the various RE codes and describes the reason(s) a Soldier is assigned a particular code. The code of RE-1 is assigned to individuals who complete an initial term of active service and who were fully qualified to reenlist when last separated. The code of RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. The code of RE-4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
9. The SPD/RE Code Cross ReferenceTable directs that the SPD JPD (which represents alcohol rehabilitation failure) will be assigned an RE-4.
DISCUSSION AND CONCLUSIONS:
1. The applicant referred himself to ASAP on 20 March 2002 for alcohol abuse. He was declared a rehabilitation failure because he failed to keep his appointments, had poor participation (attending only 12 out of 33 scheduled appointments), and did not attend Alcoholics Anonymous and Narcotics Anonymous meetings as recommended. Given this history, there is no error or injustice in declaring him an alcohol rehabilitation failure.
2. Army regulations specify that a Soldier separated for alcohol rehabilitation failure is assigned the SPD of JPD which in turn requires the assignment of an RE code of 4.
3. The applicant was supposed to receive a general discharge. The only error in this case is that he was inadvertently given an honorable discharge.
4. The applicant was over 21 years old when he was discharged. He was no younger than many other Soldiers who successfully completed their enlistments.
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 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) AR20110002049
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ABCMR Record of Proceedings (cont) AR20110002049
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