BOARD DATE:	  24 October 2014

		DOCKET NUMBER:  AR20130004671 


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 Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "4" to "2."

2.  He states he was discharged honorably and therefore feels his Reentry Eligibility (RE) code is unjust. 

3.  He does not provide any additional evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 28 June 2005.

2.  On 15 November 2011, 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 15 November 2011, the applicant acknowledged receipt of the discharge action.  

4.  On 29 December 2011, he consulted with military counsel.  After being advised of the basis for the contemplated separation, its effects, and the rights available to him, the applicant requested consideration of his case by an administrative separation board, personal appearance before an administrative separation board, and to consult with and be represented by counsel.  

5.  On 21 February 2012, the applicant appeared before an administrative separation board.  The board carefully considered the evidence concerning the applicant and recommended that he be separated from the service because of his rehabilitation failure and receive an honorable discharge.  The board found the preponderance of evidence supported the allegations: 

* he was twice enrolled into the Army Substance Abuse Program (ASAP)
* after attending an in-patient treatment at a community hospital alcohol treatment center in Korea, he unsuccessfully completed the treatment and was discharged for rehabilitation failure
* the required rehabilitative efforts were made
* further rehabilitative efforts were not possible and rendered him a rehabilitative failure
* his potential for fully effective service was substantially reduced by alcohol abuse

6.  On 24 February 2012, the separation authority approved the findings and recommendation of the administrative board and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 9, alcohol or other drug rehabilitation failure and the issuance of an honorable characterization of service.

7.  His DD Form 214 shows he was issued an honorable discharge on 
3 March 2012 under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.  He was credited with completing 6 years, 8 months, and 6 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."

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 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.

	d.  RE-2 was discontinued in 1995.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record 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.  There is no evidence and he has not provided any evidence to show his assigned RE code is in error or unjust.

2.  The evidence of record also shows he appeared before an administrative separation board that carefully considered all the evidence available.  The board recommended that he be separated from the service because of his rehabilitation failure and receive an honorable discharge.  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)                                         AR20130004671





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ABCMR Record of Proceedings (cont)                                         AR20130004671



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