BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20120000159 


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 4 to 3.

2.  He states he is not an alcoholic and has not had any alcohol-related incidents. He adds he was separated from active duty for leaving an inpatient alcohol treatment facility.  He explains that he no longer drinks and had trouble staying in a lock-down facility.  He had never been in that kind of situation.  He was also going through a divorce and times were tough for him.  He asks to be forgiven so that he may continue to pursue his military career. 

3.  He provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 July 2006.

2.  On 2 September 2009, the unit commander notified the applicant of his intent to recommend that he be separated from the Army under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 9, for alcohol/drug abuse rehabilitation failure.
	
3.  On 2 September 2009, the applicant acknowledged receipt of the discharge action.  


4.  On an unspecified date, he consulted with military counsel.  After being advised of the basis for the contemplated separation and its effects and the rights available to him, he waived his rights and elected not to provide statements on his behalf.

5.  On an unspecified date, the appropriate authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 9, paragraph 9-2, and directed that an Honorable Discharge Certificate be issued.

6.  His DD Form 214 shows he was issued an honorable discharge on 
21 October 2009 under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.  He was credited with completing 3 years, 3 months, and 16 days of active service.  Item 26 (Separation Code) shows he was assigned a separation program designator (SPD) code of "JPD" and item 27 shows his RE code as "4."

7.  Army Regulation 600-85 (The Army Substance Abuse Program (ASAP)) states that early identification is a critical aspect of the ASAP. 

   a.  Identification occurs through the following methods:

* Voluntary (self) identification 
* Commander/supervisor identification 
* Drug testing identification 
* Investigation/apprehension identification 
* Medical identification

   b.  The decision to enter a client into Level II (Partial Inpatient/Residential Treatment) is made by a physician in consultation with other rehabilitation team members.  Referring ASAP counselors are required to remain in contact with and monitor progress of clients who have been referred from their ASAP to the partial residential program.  Normally, all referrals to the residential treatment facility will be coordinated through the installation ASAP Clinical Director.  A medical evaluation is required prior to placement in Level II and again before release from the residential phase of Level II.

8.  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 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.
9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code JPD is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 9, by reason of alcohol rehabilitation failure.  The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of JPD.

10.  Army Regulation 635-200 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 (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 (USAR).  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 contends he was not an alcoholic.  However, by his own admission, he was separated from active duty for leaving an inpatient alcohol treatment facility.  As specified above, a medical evaluation is required prior to placement into a residential treatment facility.  There is no evidence and he has not provided any to show that his placement in the residential treatment facility for alcohol abuse was in error.   

2.  The available evidence shows the applicant was separated due to alcohol rehabilitation failure.  Therefore, he was assigned an RE code of 4 which is consistent with the reason for separation.  He has failed to show through the evidence submitted with his application or the evidence of record that his assigned RE code is in error or unjust.


3.  The evidence of record also confirms his discharge processing was accomplished in accordance with applicable regulations and the narrative reason for separation is appropriate considering all the facts of the case.

4.  Absent any evidence of error or injustice in the discharge process, the assigned RE code is proper and equitable based on the authority and reason for discharge.  As a result, there is an insufficient evidentiary basis to support a change of the RE code.

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)                                         AR20120000159





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ABCMR Record of Proceedings (cont)                                         AR20120000159



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