IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20110025218
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 the reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from a "4" to a "1."
2. The applicant states:
* his alcohol rehabilitation was insufficient
* he was an outstanding Soldier
* he deserves a second chance to serve
3. The applicant provides:
* DD Form 214
* Five letters of support
CONSIDERATION OF EVIDENCE:
1. The applicant served as a Regular Army (RA) chemical operations specialist, military occupational specialty 74D1O, from 19 September 2006 through 1 June 2011.
2. While he was assigned to the 63rd Chemical Company, Fort Campbell, Kentucky, the applicant was arrested (twice) by local civilian law enforcement for driving under the influence (DUI) of alcohol. On both occasions, he refused to
comply with the implied consent law to submit to a breath analysis. Each time he received a General Officer Memorandum of Reprimand (GOMOR) the first on 27 February 2011, and the second on 11 March 2011.
3. On 4 June 2010, the applicant was arrested for DUI. At that time he was command-referred to the Army Substance Abuse Program (ASAP). He was determined to be alcohol dependent and was admitted to in-patient treatment from 22 June to 20 July 2010. Afterwards, he participated in aftercare sessions from October 2010 to March 2011, a total of 17 sessions.
4. The applicant's chain of command notified him of the intent to administratively discharge him under the provisions of Army Regulation 635-200, chapter 9 for alcohol rehabilitation failure. On 18 May 2011, he acknowledged that he understood he was being processed for discharge as an alcohol rehabilitation failure.
5. On an unknown date, the approving authority approved the applicant's administrative separation action with an honorable discharge. On 1 June 2011, he was honorably discharged as an alcohol rehabilitation failure under the provisions of chapter 9, Army Regulation 635-200. His DD Form 214 shows he was assigned a separation program designator (SPD) code of "JPD" and an RE code of "4."
6. 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 has been referred to 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.
7. Army Regulation 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. Army Regulation 601-210 (RA and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve. Table 3-1 included a list of the RA RE codes. An RE code of "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 code of "4" applies to Soldiers who are disqualified for reentry or continuous service at the time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted. An RE code of "4" applies to Soldiers separated from the last period of service with a nonwaivable disqualification.
8. Army Regulation 635-5-1 (SPD Codes) states that 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" is used to represent alcohol rehabilitation failure under chapter 9, Army Regulation 635-200.
9. 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" has a corresponding RE code of "4."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests a change of his RE code.
2. The applicant's desire to return to service is commendable; however, his record clearly shows he had a serious problem with alcohol which he was unable to control. His chain of command referred him to ASAP and every effort was made to help him with his alcohol dependence, including a 1-month in-patient stint and 17 out-patient therapy sessions. He was correctly discharged under the provisions of chapter 9, Army Regulation 635-200, and assigned an RE code of "4." There is no error or injustice. His RE code is nonwaivable.
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) AR20110025218
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ABCMR Record of Proceedings (cont) AR20110025218
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