IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110004667 


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 reentry eligibility code (RE) code from an RE-4 to a more favorable code.

2.  The applicant states his RE code is inequitable because the decision was based on one isolated incident in 19 months of service in a program in which he voluntarily joined.  He is trying to reenter military service and needs his RE code corrected. 

3.  The applicant did not provide any evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 August 2007 and held military occupational specialty 88M (Motor Transport Operator).  The highest rank/grade he attained during his military service was private/E-2.  He was assigned to the 710th Brigade Support Battalion, 10th Mountain Division, Fort Drum, NY.

2.  On 5 August 2008, he self-referred to the Army Substance Abuse Program (ASAP) at Fort Drum, NY for excessive use of alcohol and smoking marijuana.  He was screened and met the criteria for enrollment.  On 8 September 2008, in coordination with his chain of command, he was enrolled in ASAP.

3.  On 10 October 2008, he participated in a unit urinalysis and his urine sample tested positive for illegal drugs.  
4.  On 6 November 2008, by memorandum, a counselor and a clinical director of the Fort Drum ASAP stated that the applicant attended 6 group counseling sessions and discontinued counseling after testing positive.  On 27 January 2009, a second rehabilitation team meeting was held with the applicant and his chain of command at which time he was declared a rehabilitation failure.

5.  On 18 February 2009, his immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation      635-200 (Personnel Separations - Enlisted Personnel), chapter 9, for alcohol or other drug abuse rehabilitation failure.  

6.  On 19 February 2009, he acknowledged receipt of the commander's intent to separate him and he was advised of the basis for the contemplated separation for drug abuse rehabilitation failure, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to him.  He further indicated he understood he may encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him.  He elected not to submit a statement on his own behalf.

7.  On 19 February 2009, his immediate commander initiated separation action on the applicant in accordance with Army Regulation 635-200, chapter 9, by reason of drug or alcohol rehabilitation failure.

8.  On 20 February 2009, the separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, chapter 9, with an honorable characterization of service.  The applicant was accordingly discharged on 4 March 2009.  

9.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was honorably discharged by reason of "alcohol rehabilitation failure."  This form further confirms he completed a total of 1 year,  6 months, and 13 days of creditable active service.  Item 26 (Separation Code) shows the entry "JPD" and item 27 (Reentry Code) shows the entry "4."

10.  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 Soldiers because of alcohol or other drug abuse.  A member who enrolled in the ASAP for alcohol or other drug abuse may be separated because of the 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 and or other drug rehabilitation failures. The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions.

11.  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:

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

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states SPD codes are three-character alphabetic combinations which identify reasons for and types of, separation from active duty.  The SPD Code of "JPD" is the correct code for Soldiers separated under the provisions of Army Regulation 635-200, chapter 9, by reason of "drug/alcohol rehabilitation failure."

13.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  This cross reference table applicable at the time of his discharge shows the SPD code and a corresponding RE code.  The SPD code of "JPD" has a corresponding RE code of "4." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code should be changed to a more favorable code so he may reenter military service was carefully considered; however, it was found to be without merit.

2.  The evidence of record shows his RE code was assigned based on the fact that he was separated under the provisions of chapter 9 of Army Regulation   635-200, for alcohol or other drug rehabilitation failure.  Absent his ASAP rehabilitation failure, there was no fundamental reason for his separation.  The RE code associated with his rehabilitation failure is RE code of 4.  Therefore, he received the appropriate RE code associated with his discharge.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  Therefore, there is insufficient evidence to grant him the requested relief.

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)                                         AR20110004667





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ABCMR Record of Proceedings (cont)                                         AR20110004667



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