IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20130012644
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 "1."
2. He states that he believes the record is in error because he had one incident after years of flawless service and an impeccable military record prior to his discharge.
3. He does not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 31 January 2006.
2. The applicants record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing. The record contains a DD Form 214 showing he:
* was discharged on 24 January 2013 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 9, alcohol rehabilitation failure, with an honorable discharge.
* completed 6 years, 11 months, and 24 days of active service
* was awarded the Bronze Star Medal and the Afghanistan Campaign Medal with two campaign stars
* served in Afghanistan from 12 April 2010 - 1 April 2011
* was assigned a separation program designator (SPD) code of "JPD" and an RE code "4"
3. 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.
4. 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.
5. 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-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The available record shows he was separated due to alcohol rehabilitation failure. Therefore, he was assigned an RE code 4 which is consistent with the reason for separation.
2. There is no evidence of record and the applicant did not provide any evidence that shows his discharge was in error or unjust.
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) AR20130012644
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ABCMR Record of Proceedings (cont) AR20130012644
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