IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110003007 


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 of 4 be upgraded.

2.  He states, in effect, as a condition of waiving his right to an administrative separation board he was assured his RE code would be upgraded after a period of 2 years following his discharge date.  

3.  He provides:

* Academic Transcript
* Certificate of Ecclesiastical Endorsement
* Certificate of Ordination
* Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 9, Conditional Waiver
* 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 enlisted in the Regular Army on 1 December 1982.  He was discharged on 5 June 1994 under the provisions of Army Regulation 635-200, chapter 9 by reason of alcohol rehabilitation failure.  He completed 11 years, 6 months, and 5 days of active military service.

3.  His DD Form 214 shows he was assigned an RE code of 4 and a Separation Program Designator (SPD) code of "JPD" (Alcohol Rehabilitation Failure).

4.  He provided an unofficial academic transcript from Liberty Theological Seminary which shows he was awarded a Master of Religious Education on 15 May 2010.  He also provided a Certificate of Ecclesiastical Endorsement and a Certificate of Ordination from World Council of Independent Christian Churches.  

5.  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 the Alcohol and Drug Abuse Prevention and Control Program 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.  

6.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons.  The regulation shows that the SPD of “JPD” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Alcohol Rehabilitation Failure” and that the authority for discharge under this SPD is Army Regulation 635-200, chapter 9.

7.  The SPD/RE Code Cross Reference Table, in effect at the time, established that the RE Code of 4 was the proper code to assign Soldiers separated under the provisions of Army Regulation 635-200, chapter 9, alcohol rehabilitation failure.

8.  Army Regulation 635-200 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 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve.  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 unless a waiver is granted. 

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his RE-4 code should have been upgraded after a period of 2 years following his discharge date was noted.  However, the Army does not have nor has it ever had a policy that provides for the automatic upgrade of an RE code based on the passage of time.  

2.  His DD Form 214 shows he was assigned an SPD code of “JPD” and an RE code of RE-4 in accordance with the governing regulation in effect at the time.

3.  His RE code is based on his narrative reason for separation and cannot be changed unless the applicant's narrative reason for separation is changed.  His narrative reason for separation was based alcohol rehabilitation failure and there is no basis upon which this reason should be changed.  

4.  His post-service accomplishments are commendable.  However, these facts are not sufficient to warrant the relief requested.

5.  In view of the foregoing, there is no basis for granting the applicant relief in this case.



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)                                         AR20110003007



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ABCMR Record of Proceedings (cont)                                         AR20110003007



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