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ARMY | BCMR | CY2013 | 20130020745
Original file (20130020745.txt) Auto-classification: Denied

		IN THE CASE OF: 

		BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130020745 


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 be changed.

2.  The applicant states:

 	a.  after he returned home from his second deployment in Iraq, he married a fellow Soldier.  They both had a hard time readjusting, his wife had major back surgery, and he was suffering from depression.  Their marriage turned into a nightmare.  His wife was hooked on pain medication.

	b.  he first enrolled (self-referral) into the Army Substance Abuse Program (ASAP) to help his marriage.  He did everything he should have.  He stopped for a while and was seeking help for his depression.  He started inpatient treatment for alcohol and completed it successfully.  While he was in inpatient treatment his home was robbed and he lost everything.  His wife blamed him and they filed for divorce.

	c.  one night he was drinking and his wife called the police because he refused to leave the house.  The police sprayed him with mace and he could not see.  He ran into a policeman and he was arrested for assault on a public servant.  He sat in jail for 1 month and he was sentenced to 7 years of probation for one bad night.  He doesn't depend on alcohol.

3.  The applicant provides no additional documentary evidence.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 January 2004 for a period of 4 years.  He served as a chemical operations specialist in Iraq from 1 December 2005 to 19 November 2006 and from 27 November 2007 to 10 February 2009.

2.  Discharge proceedings were initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 9, for alcohol or other drug abuse.  His unit commander cited:

* he had repeated ASAP failures
* he was referred to ASAP twice (19 June 2009 and 15 September 2010) and failed to complete the program both times

3.  On 8 June 2011, he consulted with counsel. The separation authority approved the recommendation for separation and directed the issuance of an honorable discharge.

4.  On 29 June 2011, he was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 
9, for alcohol rehabilitation failure.  He completed 7 years, 5 months, and 23 days of creditable active service.

5.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

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

6.  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.



7.  Army Regulation 635-200 states individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.

8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a list of RE codes.

	a.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

	b.  RE-3 applies persons who are not considered fully qualified for reentry or continuous service at the time of separation but disqualification is waivable.

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  SPD Code JPD applies to Soldiers discharged for alcohol rehabilitation failure.

10.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD code of JPD will be assigned an RE code of 4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, the evidence of record confirms his RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, chapter 9.  The RE code associated with this type of discharge is an RE code of 4.  Therefore, the applicant received the appropriate RE code associated with his discharge.

2.  The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his discharge.  Therefore, there is no basis for granting the applicant's requested relief.





BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.



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ABCMR Record of Proceedings (cont)                                         AR20130020745



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