Applicant Name:  ?????

Application Receipt Date: 2009/03/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I would appreciate your consideration for changing blocks 26 and 28 of my DD214. I have decided to continue service to my country by enlisting in the New Mexico Air National Guard.  After interviewing with a recruiter, it has come to my attention that I need these blocks changed in order to proceed with this process.  After 14yrs of Honorable Service between the United States Marine Corps and the United States Army, I feel that I have been treated unfairly due to a one time mistake.  The reason for my separation is more accurately described as voluntary.  Thank you for your assistance in this matter."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070627
Discharge Received: 			   Date: 070915   Chapter: 9-2     AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: 21st EOD WMD Co, Kirtland AFB, NM 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070112, dereliction of duty (060917); reduction to E-5 (suspended), and forfeiture of $1,263 pay (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  32
Current ENL Date: 051016    Current ENL Term: Indef Years  ?????
Current ENL Service: 	01 Yrs, 11Mos, 00Days ?????
Total Service:  		17 Yrs, 10Mos, 28Days block 12e on the DD Form 214 total prior inactive service is incorrect, should read 03 Yrs, 11 Mos, 00 Days
Previous Discharges: 	USMC-910909-950908/HD
                                       USMCR-950909-990817/NA
                                       RA-990918-030422/HD
                                       RA-030423-051015/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 89D30 EOD Spec   GT: 114   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030909-040409) and Afghanistan (050501-051118)
Decorations/Awards: ARCOM-3, AGCM-2, NDSM-W/BS, ICM, ACM, GWOTSM, NCOPDR, ASR

V.  Post-Discharge Activity
City, State:  Albuquerque, NM 
Post Service Accomplishments: None Listed




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 13 February 2007, the unit commander in consultation with the Clinical Director/ASAP declared the applicant a rehabilitation failure.  On 15 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, Paragraph 9-2, AR 635-200, by reason of alcohol rehabilitation failure/ASAP failure, with a fully honorable discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service.  The intermediate commander reviewed the proposed discharge action and did not recommend a characterization of service.  On 9 July 2007, the separation authority directed that the applicant be discharged with a characterization of service fully honorable.
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "3," however, the applicant was discharged under the provisions of Chapter  9, AR 635-200, by reason of alcohol rehabilitation failure, according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "4."

       b.  Legal Basis for Separation:  
       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 (ADAPCP) 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.  Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service.  However, an honorable discharge is required if restricted use information is used in the discharge process.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and document he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The analyst noted that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program and was aware of the consequences of any action which would demonstrate any inability or refusal to participate in, cooperate in, or successfully complete such a program.  As a result of the applicant’s actions and after consultation with the drug and alcohol abuse counselor, the command declared the Soldier a rehabilitation failure.  The evidence of record establishes the fact that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems.  Furthermore, the analyst noted the applicant's issue; however, even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.   Further, after a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst concluded that the discrediting entries in the applicant's record was not outweighed by prior service of sufficient merit to warrant a change to the narrative reason for discharge being reviewed.  Additionally, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 9, Paragraph 9-2, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Alcohol Rehabilitation Failure" and the separation code is "JPD."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       
       
       
       Also, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of  "3."  The analyst recommends that block 27 be administratively changed to "4" as approved by the separation approving authority.  Finally, the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst determined that the reason for discharge was both proper and equitable and recommends to the Board to deny relief.     

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 January 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board directs ARBA Support Division-St. Louis to administratively change block 27, reentry eligibility (RE) code to "4."  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the Board determined that the reason for discharge was both proper and equitable and voted to deny relief. 
       
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: The Board directs ARBA  Support Division-St. Louis to administratively change block 27, reentry eligibility (RE) code to "4."								
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090005206
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