APPLICANT REQUESTS:  That his reentry eligibility code be changed so he can join the U.S. Army Reserve and that the narrative reason for his separation be changed to hardship.

APPLICANT STATES:  In effect, that he was having problems outside of duty hours that affected his career.  There was no proof of his drinking.  He took a breathalyzer and passed.  He has had rehabilitation since he has been out.  He is no longer with the woman he had so much trouble with while in service.  He wants to continue his career.

EVIDENCE OF RECORD:  The applicant’s military records show:

He was born on 15 October 1969.  He completed 12 years of formal education.  He enlisted in the Regular Army on 26 November 1991 for 3 years.  He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember). 

On 11 August 1993, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for disobeying a lawful order and for being disrespectful in language and deportment towards a non-commissioned officer.

On 29 April 1994, the applicant received a local bar to reenlistment.  The commander had noted the applicant’s one Article 15 and four counseling statements for similar infractions.

On 2 May 1994, the applicant was referred to the Schofield Barracks, HI Alcohol and Drug Abuse Prevention and Control Program (ADAPCP).  Initial screening led to his enrollment in the Track II program.  This rehabilitation program required a minimum of counseling/therapy two times a month for the duration of the rehabilitation and urinalysis at least once a month for the duration.  Attendance at least once weekly at Alcoholics Anonymous and Narcotics Anonymous meetings was strongly recommended.

The Rehabilitation Team determined that the applicant was a rehabilitative failure due to a domestic alcohol-related incident while enrolled.  

On 13 June 1994, the commander, upon consultation with and upon the recommendation of the ADAPCP counseling staff at a Rehabilitation Team meeting, determined that further rehabilitative efforts were not practical, rendering the applicant a rehabilitative failure.
On 30 June 1994, the applicant completed a mental status evaluation and was found to be mentally responsible.  He completed a separation physical and was found to be qualified for separation.

In July 1994, the commander recommended the applicant’s discharge from the Army under the provisions of Army Regulation 635-200, Chapter 9, for alcohol rehabilitative failure.

On 18 July 1994, the applicant acknowledged notification and after consultation with counsel elected to submit statements in his own behalf (no statements are available).  The notification memo given to the applicant did include the statement that he would be ineligible to apply for enlistment in the United States Army for a period of two years after discharge.

On 25 July 1994, the appropriate authority approved the recommendation and directed he be given an honorable discharge.

On 19 August 1994, he was discharged with an honorable discharge in pay grade E-3, under the provisions of Army Regulation 635-200, Chapter 9.  He had completed 2 years, 8 months and 24 days of creditable active service and had no lost time.  He received a reentry eligibility code of RE-4.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 provides for the discharge of members based on alcohol or other drug abuse such as the illegal, wrongful or improper use of any controlled substance, alcohol or other drug when the soldier in enrolled in ADAPCP and the commander, in consultation with the rehabilitation team, determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitative failure.  

Chapter 6 of that regulation provides for the discharge of members when, in circumstances not involving death or disability of a member of the soldier’s immediate family, separation from the Service will materially affect the care of support of the family by alleviating undue and genuine hardship.

Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  In pertinent part, it states that persons with prior service last discharged from any component of the Armed Forces for drug or alcohol abuse or as rehab failure during their last period of service have a disqualification that cannot be waived.
DISCUSSION:  Considering all the evidence, allegations and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s administrative separation was accomplished in accordance with applicable laws and regulations in effect at the time of his separation.

2.  The applicant was given incorrect information when he was told he would be eligible for reenlistment after two years; however, RE-4 was and is the correct reentry eligibility code for a person who was discharged under the provisions of Chapter 9, Army Regulation 635-200.

3.  There is no evidence that the applicant ever applied for a hardship discharge or that he would have qualified for a hardship discharge.

4.  In view of the foregoing, there appears to be no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT 

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                              Loren G. Harrell   
					         Director