IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120012338 


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 item 27 (Reentry (RE) Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed so that he may be eligible to reenter the Army.

2.  He states that on 18 June 2010 he was honorably discharged from the Army for failing the Army Substance Abuse Program (ASAP).  He adds his poor choice has regrettably cost him his career.  Since the time of his discharge, he has complied with all of the court ordered sanctions he received for driving under the influence and has not had any other trouble with the law or any other alcohol related incidents.

3.  He provides the following:

* DD Form 214
* Self-authored statement 
* Letter from the State of Alaska, Department of Health and Social Services, dated 13 June 2012
* Certificate of Training, 22 April to 10 June 2008
* Three Certificates of Completion, dated 18 April 2008, 17 October 2008, and 10 February 2009
* Four Certificates of Achievement, 18 July 2009, 30 July 2009, and two undated 
* Sapper Honorary Membership Certificate, dated 22 October 2009
* Lightning Hero of the Day recognition, dated 30 July 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 January 2008.

2.  On an unknown date, 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 rehabilitation failure.
	
3.  On 25 May 2010, the applicant acknowledged receipt of the discharge action.  
4.  On 27 May 2010, he consulted with military counsel.  After being advised of the basis for the contemplated separation, its effects and the rights available to him, he waived his rights and elected not to provide statements on his behalf.

5.  On 11 June 2010, 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 
18 June 2010 under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.  He was credited with completing 2 years, 4 months, and 19 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.  The applicant provided a letter from the State of Alaska which shows he completed all standard alcohol screening assignment requirements.  He also provided numerous certificates that show while serving in the Army:

   a.  He successfully completed Basic Combat Training, Battle Focus Training, 21E Heavy Construction Equipment Operator Course, the Code of Conduct Training Course, and the "Operator" New Equipment Training Course.
   
   b.  He was recognized for his outstanding achievements for being selected as the "Sapper Soldier of the Week" in support of Operation Iraqi Freedom (OIF); in support to the 2nd Battalion, 35th Infantry Regiment during OIF; and in support of Task Force ODIN (Observe, Detect, Identify, and Neutralize) during OIF.

	c.  He was awarded a Sapper Honorary Membership and recognized as the Lightning Hero of the Day.

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 (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 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.  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 certificates the applicant provided documenting his successful completion of numerous military courses and outstanding achievements while on active duty were considered.  However, the available evidence shows he 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.

2.  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.

3.  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)                                         AR20120012338





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ABCMR Record of Proceedings (cont)                                         AR20120012338



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