BOARD DATE:	    29 November 2011

		DOCKET NUMBER:  AR20110010810 


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 (RE) Code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.

2.  The applicant states:

* he served with excellence
* he made some mistakes post-combat deployment
* he was swiftly discharged with an RE Code of "4"

3.  The applicant also states he developed alcohol dependency following his combat deployment.  He made several attempts at rehabilitation, but failed.  Finally, the Army discharged him.  He has improved over the past 5 years and desires a second chance to serve.

4.  The applicant provides a self-authored, two-page letter with his application.

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 served in the Regular Army from 6 February 2003 through his honorable discharge on 23 February 2006.  He was a Multichannel Transmission Systems Operator – Maintainer and held military occupational specialty (MOS) 25Q1O.

3.  The applicant's Interactive Personnel Electronic Records Management System (iPERMS) records contain a case file for approved separation.  This file shows:

* referral to the Army Substance Abuse Program (ASAP) on 21 April 2004
* hospitalized on 1 November 2005 with a Blood Alcohol Content (BAC) level of .237 after a suicide attempt following a driving under the influence (DUI) arrest off-post
* triaged in ASAP on 21 November 2005
* ASAP appointment no-show on 5 December 2005
* escorted to ASAP by unit personnel on 21 December 2005 and hospitalized with a BAC level of .226
* discharged from hospital on 27 December 2005 and immediately drank alcohol
* diagnosed as alcohol dependent, severe, chronic; enrolled in self-help, medicated, and given mental health counseling
* hospitalized on 14 January 2006 due to suicide gesture and alcohol consumption
* removed from ASAP
* admitted to hospital on 30 January 2006 with BAC level of .163
* notified of administrative separation action on 21 February 2006
* acknowledged notification on 21 February 2006 and waived counsel
* applicant's chain of command endorsed his separation with an honorable discharge
* approving authority approved discharge on 22 February 2006

4.  The applicant was discharged on 23 February 2006 under the provisions of chapter 9, Army Regulation (AR) 635-200 for Alcohol Rehabilitation Failure.  His DD Form 214 reflects:

* in item 26 (Separation (SPD) Code), the code "JPD"
* in item 27 (Reentry (RE) Code), the code "4"

5.  AR 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 has been referred to the Army Drug and Alcohol Prevention and Control Program (ADAPCP, now known as ASAP) 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.  

6.  AR 635-200 also states, in pertinent part, 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.  AR 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-1 included a list of the RA Reenlistment Eligibility Codes (RE codes).  An 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.  An 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.  An RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification.

7.  Army Regulation 635-5-1 (SPD Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  At the time of the applicant's separation, the SPD code of "JPD" was used to represent alcohol rehabilitation failure under chapter 9, AR 635-200.

8.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component 
Soldiers.  The cross reference table shows the SPD code and corresponding RE code.  At the time of the applicant's separation, the SPD code of "JPD" had a corresponding RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests a change in his RE code.

2.  The applicant's desire to return to service is commendable; however, his record clearly shows he had a serious alcohol problem which, despite the Army's best efforts to help, he failed to control.  His elimination from ASAP mandated his discharge.  There is no error or injustice concerning his 2006 RA discharge.  The authority and reason are correct, and the RE code assigned is the proper code based on the authority and reason.

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)                                         AR20110010810





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ABCMR Record of Proceedings (cont)                                         AR20110010810



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