IN THE CASE OF:	  
		BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120022418 


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 change of his reentry eligibility (RE) code from a "4" to a "1."  He further requests a change to his narrative reason for separation.

2.  The applicant states he desires to have his RE code changed from a "4" to a "1" because he desires to come back into the military to serve his country.  He goes on to state he was discharged due to failure of the Army Substance Abuse Program (ASAP) and he has changed his ways of life.  He further states he never received any nonjudicial punishment and he was a good Soldier who needed to grow up a little more.

3.  The applicant provides no additional documents 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, at the age of 22 years, 1 month, and 15 days, enlisted in the Regular Army on 12 July 2007 for a period of 3 years and training as a Patriot Operator and Maintainer.  He completed his basic training at Fort Jackson, SC and he was transferred to Fort Bliss, TX for his advanced individual training.  He remained at Fort Bliss which was his first and only permanent assignment.

3.  On 23 December 2008, at the age of 23 years, 6 months, and 26 days, the applicant was enrolled in the ASAP and on 6 July 2009, the applicant was found to be driving under the influence of alcohol by the military police at Fort Bliss.

4.  On 6 July 2009, officials at the William Beaumont Army Medical Center ASAP, Fort Bliss, prepared a memorandum indicating the applicant had a medical diagnosis of alcohol dependence and Cannabis-Related disorder – not otherwise specified (NOS) Sustained Full Remission and he was enrolled in the ASAP on 23 December 2008.  He was provided outpatient treatment with an emphasis on relapse prevention.  However, because he failed to adhere to the treatment plan of refraining from the use of alcohol, he was deemed a rehabilitation failure by the Rehabilitation Treatment Team on 6 July 2009.  He was 24 years, 1 month, and 9 days of age at the time he was identified as an alcohol rehabilitation failure.

5.  On 14 July 2009, the applicant was counseled by his battery commander regarding his consumption of alcohol in violation of his ASAP treatment plan and advised him that he had been deemed to be an alcohol rehabilitation failure.  He also advised the applicant that he was going to recommend his separation from the from the service under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 9, due to alcohol rehabilitation failure.

6.  On 23 October 2009, the applicant's commander officially notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, chapter 9, due to alcohol rehabilitation failure.

7.  On 3 November 2009, after consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.

8.  On 12 November 2009, the appropriate authority approved the recommendation for discharge and directed the applicant be furnished an Honorable Discharge Certificate.


9.  Accordingly, on 20 November 2009, he was honorably discharged under the provisions of Army Regulation 635-200, chapter 9, due to Alcohol Rehabilitation Failure.  He completed 2 years, 4 months, and 9 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

* item 25 (Separation Authority) the entry "Army Regulation 635-200, chapter 9"
* item 26 (Separation Code) the entry "JPD"
* item 27 (RE Code) the entry "4"
* item 28 (Narrative Reason for Separation) the entry "Alcohol Rehabilitation Failure"

10.  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.

11.  Army Regulation 635-200 further states 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the 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 for enlistment 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 was properly separated under the provisions of Army Regulation 635-200, chapter 9 for Alcohol Rehabilitation Failure and he was properly assigned a separation code of "JPD" and an RE code of "4" in accordance with the applicable regulations.

2.  The applicant has failed to show through the evidence submitted or the evidence of record that he was wrongfully or improperly discharged or that he was issued the wrong RE code.

3.  The applicant contends he was "a good Soldier, just needed to grow up a little more."  Records show he was 22 years, 1 month, and 15 days of age at the time of enlistment; 23 years, 6 months, and 26 days of age at the time of his ASAP enrollment; and 24 years, 1 months, and 9 days of age at the time of his alcohol rehabilitation failure.  However, there is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

4.  As such, the applicant's contentions are not sufficiently mitigating to warrant relief under the circumstances.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20120022418



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ABCMR Record of Proceedings (cont)                                         AR20120022418



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