IN THE CASE OF:	  WATSON, STEPHANIE A.

		BOARD DATE:	    2 December 2014

		DOCKET NUMBER:  AR20140006683 


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 her reentry (RE) code be changed from "4" to a code that would allow her to enlist in the National Guard.

2.  The applicant states under Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), RE code "4" applies to Soldiers who were barred from reenlistment at the time of separation.  She was never barred from reenlistment while on active duty and she feels her RE code of "4" was a mistake.  She would like it changed so she can enlist in the National Guard.

3.  The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 21 December 2012. 

CONSIDERATION OF EVIDENCE:

1.  On 21 March 2011, she enlisted in the Regular Army for 3 years.  

2.  Her unit commander submitted a memorandum for record, dated 31 October 2012, in which he stated:

	a.  The applicant had multiple substance abuse relapses that placed her at great risk combined with the medication she was taking.

	b.  After numerous discussions with behavioral health providers and Army Substance Abuse Program (ASAP) counselors, it was concluded that there was no other care available on active duty for her situation.
	c.  In order to prevent further risk of injury, or worse, to herself the commander agreed with the providers to declare her a rehabilitation failure.  His intention was to recommend her separation in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 9, so she could receive the adequate care readily available in the civilian sector.

3.  On 1 November 2012, her commander notified her he was initiating action under the provision of chapter 9 of Army Regulation 635-200 to separate her for alcohol or drug abuse rehabilitation failure.  The reason for his action was her continued abuse of alcohol while enrolled in ASAP.

4.  Her commander advised her that he was recommending she receive an honorable discharge.  He advised her that she had the right to:

* consult with counsel
* submit written statements in her own behalf
* obtain copies of documents being sent to the separation authority
* waive these rights and withdraw any such waiver any time prior to the date her separation was approved

5.  On 26 November 2012, she acknowledged that she had been advised by counsel of the basis for the contemplated action against her under the provisions of chapter 9 of Army Regulation 635-200 for alcohol rehabilitation failure.  She requested and was provided counsel prior to waiving her rights.  She did not submit a statement in her own behalf.

6.  On 28 November 2012, her commander recommended that she be separated prior to the expiration of her current term of service under the provisions of chapter 9 of Army Regulation 635-200.  He stated:

	a.  she consistently abused alcohol while enrolled in ASAP and failed to report to physical training formation; and

	b.  despite attempts to rehabilitate her while enrolled in ASAP, further efforts are unlikely to succeed.

7.  On 7 December 2012, the appropriate authority approved the recommendation for discharge and directed that she be discharged under the provisions of chapter 9 of Army Regulation 635-200 with an honorable discharge.

8.  On 21 December 2012, she was honorably discharged under the provisions of chapter 9 of Amy Regulation 635-200 due to alcohol rehabilitation failure.  She was assigned a separation program designator (SPD) code of "JPD" and assigned an RE code of "4."

9.  Army regulations state that prior to discharge or release from active duty, individuals will be assigned an RE code based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Army Reserve.  

	a.  Table 3-1 (U.S. Army reentry eligibility codes) states that RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.  This includes anyone with a Department of the Army imposed bar to reenlistment in effect at the time of separation, or separated for any reason (except length of Service retirement) with 18 or more years of active Federal service.  These individuals are ineligible for enlistment.

	b.  Paragraph 4-23 lists non-waivable disqualifying separations or discharges. Among those listed is any person with prior service last discharged from any component of the Armed Forces for drug or alcohol abuse or as rehabilitation failure during last period of service

10.  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.  An honorable or general discharge is authorized.

11.  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 SPD's to be used for these stated reasons.  The regulation shows the SPD code "JPD" as shown on the applicant's DD Form 214 specifies the narrative reason for discharge as "alcohol rehabilitation failure."

12.  The SPD/RE Code Cross-Reference Table indicates the appropriate RE code for SPD code "JPD" is "4."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was properly and equitably discharged in accordance with regulations.  Therefore, the type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  The records contain no indication of procedural or other errors that would tend to jeopardize her rights.

2.  She contends she was not barred from reenlistment, so her RE code of "4" is in error.  Table 3-1 of Army Regulation 601-210 states the RE code of "4" applies to anyone separated from their last period of service with a non-waivable disqualification including a bar to reenlistment.  Her discharge for alcohol rehabilitation failure is a non-waivable disqualification.  Her discharge alone makes the assignment of an RE code of "4" correct.

3.  She was processed for separation due to alcohol rehabilitation failure.  Therefore, the SPD code "JPD" is correct.  According to the SPD/RE Code Cross-Reference Table, the assignment of an RE code of "4" for the applicant's SPD code "JPD" is correct.

4.  In view of the above, there is no error or injustice in the assignment of the RE code of "4" for her discharge on 21 December 2012.  Therefore, there is no basis on which to grant the requested relief.

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)                                         AR20140006683



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ABCMR Record of Proceedings (cont)                                         AR20140006683



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