BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130014240
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 his Reentry Eligibility (RE) code of 4 be changed to RE code 2.
2. He states he was discharged with an RE-4 code when, in fact, those who were separated under Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapters 9, 5, 6, 8, 11, and 12 were issued RE-2 codes.
3. He provided a narrative on RE codes; a letter from the Chief, Case Management Division; page one of Army Discharge Review Board (ADRB) - Case Report and Directive; his résumé; his Honorable Discharge Certificate; and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 18 October 2007. He was discharged on 7 May 2010 under the provisions of Army Regulation 635-200, chapter 9 by reason of alcohol rehabilitation failure. He completed 2 years, 6 months, and 20 days of active military service.
2. His DD Form 214 shows he was assigned an RE code of 4 and a Separation Program Designator (SPD) code of "JPD" (Alcohol Rehabilitation Failure).
3. On 2 June 2011, the ADRB upgraded his character of service from a general discharge to an honorable discharge, but the narrative reason was not changed.
4. 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 the Alcohol and Drug Abuse Prevention and Control Program 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.
5. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons. The regulation shows that the SPD of JPD as shown on the applicants DD Form 214 specifies the narrative reason for discharge as Alcohol Rehabilitation Failure and that the authority for discharge under this SPD is Army Regulation 635-200, chapter 9. The SPD/RE Code Cross Reference Table, in effect at the time, established that the RE Code of 4 was the proper code to assign Soldiers separated under the provisions of Army Regulation
635-200, chapter 9, alcohol rehabilitation failure.
6. Army Regulation 635-200 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 (Regular Army and Army Reserve Enlistment Program), dated 7 June 2007, covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army 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-2, 2B, and 2C apply to Soldiers separated prior to the effective date of this regulation. These codes will not be used. Qualified for enlistment provided reason and authority does not preclude enlistment or require a waiver.
c. RE-2A applies to Soldiers separated prior to the effective date of this regulation but did not meet reentry criteria at time of separation. They are ineligible unless a waiver is granted.
d. 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.
e. 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 applicants contention that his RE-4 code should have been an RE-2 code was noted. However, the evidence of record does not indicate an error or injustice exists in this case. The governing regulation Army Regulation 601-210, dated 7 June 2007 in effect at the time of his discharge stated that an RE-2 code applied to Soldiers who separated prior to the effective date of the regulation. Since he was discharged subsequent to the date of the regulation, he was ineligible to be issued an RE-2 code.
2. His DD Form 214 shows he was assigned an SPD code of JPD and an RE code of RE-4 in accordance with the governing regulation in effect at the time.
3. In June 2011, the ADRB upgraded his character of service to honorable. However, his narrative reason for discharge was not changed.
4. His RE code is based on his narrative reason for separation and cannot be changed unless the applicant's narrative reason for separation is changed. His narrative reason for separation was based alcohol rehabilitation failure and there is no basis upon which this reason should be changed.
5. In view of the foregoing, there is no basis for granting the applicant relief in this case.
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) AR20130014240
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