Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130014240
Original file (20130014240.txt) Auto-classification: Denied

		 

		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 applicant’s 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 applicant’s 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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130014240



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090007340

    Original file (20090007340.txt) Auto-classification: Denied

    On 18 March 2008, he applied to the Army Discharge Review Board (ADRB) requesting that his narrative reason for separation and RE Code be changed. Army Regulation 635-200 (Personnel Separations – Active duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or...

  • ARMY | BCMR | CY2009 | 20090018664

    Original file (20090018664.txt) Auto-classification: Denied

    The applicant requests that his Reentry (RE) Code be changed so that he may be able to reenter the military. He was discharged from active duty in pay grade E-2 on 30 June 2006, under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure, with a general discharge. The regulation provides 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 | BCMR | CY2011 | 20110003007

    Original file (20110003007.txt) Auto-classification: Denied

    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. 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. Therefore, the Board determined that the overall merits of this case are...

  • ARMY | BCMR | CY2012 | 20120022418

    Original file (20120022418.txt) Auto-classification: Denied

    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. 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. However, there is no...

  • ARMY | BCMR | CY2013 | 20130004671

    Original file (20130004671.txt) Auto-classification: Denied

    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. 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. Army Regulation 635-200...

  • ARMY | BCMR | CY2009 | 20090009018

    Original file (20090009018.txt) Auto-classification: Denied

    On 1 February 2002, the Army Discharge Review Board granted the applicant relief in the form of an upgrade of his discharge to fully honorable. The SPD code of "JPD" is the correct code for Soldiers separated under chapter 9 of Army Regulation 635-200. The evidence of record shows the applicant’s RE code was assigned based on the fact that he was separated under the provisions of chapter 9 of Army Regulation 635-200, for drug and alcohol abuse rehabilitation failure.

  • ARMY | BCMR | CY2013 | 20130006521

    Original file (20130006521.txt) Auto-classification: Denied

    On 11 October 1988, the applicant's commander notified him that he was initiating action to discharge him with a general discharge under honorable conditions under the provisions of chapter 9 of Army Regulation 635-200 (Personnel Separations). Pertinent Army regulations provide 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. The regulation showed that the SPD "JPD" as shown on the...

  • ARMY | BCMR | CY2012 | 20120000159

    Original file (20120000159.txt) Auto-classification: Denied

    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. Army Regulation 635-200 states, in pertinent part, that prior to...

  • ARMY | DRB | CY2013 | AR20130005955

    Original file (AR20130005955.txt) Auto-classification: Denied

    The separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable characterization of service. The applicant was separated on 2 October 2009, under Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with an honorable discharge, an SPD code of JPD and a RE code of 4. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or...

  • ARMY | BCMR | CY2009 | 20090013185

    Original file (20090013185.txt) Auto-classification: Denied

    Accordingly, the applicant was honorably discharged on 5 August 2008 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 9, by reason of alcohol rehabilitation failure. Discharge under this chapter is based upon alcohol or other drug abuse such as illegal, wrongful, or improper use of any controlled substance, alcohol, or other drug when the Soldier is enrolled in the ASAP and the commander determines that...