MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            27 April 1999                  
	DOCKET NUMBER:   AR1999022477

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Curtis L. Greenway		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his reentry (RE) code be changed from RE-4 to RE-1 and that his Narrative Reason for Separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be removed.  

APPLICANT STATES:  In effect, that recovery from a substance abuse problem is a process, it is not always smooth and many times there are relapses.  He contends that when he started his recovery program in the Army he was determined to succeed; however, he did have a relapse but has moved forward and attained over four years sobriety.  He believes the RE code and Narrative Reason for Separation do not reflect the reality that he is not a treatment failure and never was, it is just a snapshot along his path of recovery.  He also believes the RE code and Narrative Reason unfairly misrepresent him and his recovery process.  He contends that he wants to join the USAR or National Guard, that his service was honorable, he is a productive member of society and is scheduled to graduate from college in December 1998.  In support of his application, he submits a letter of explanation, and three letters from his substance abuse counselor, automotive instructor and rehabilitation case manager.    

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

After serving 1 year, 6 months, and 13 days in the USAR, the applicant enlisted in the Regular Army on 3 March 1993 for a period of 3 years.  He successfully completed his training and was transferred to Hawaii for duty as a light wheel vehicle mechanic. 

On 4 October 1993 the applicant was evaluated for an inpatient alcohol rehabilitation program as a result of a self-referral.  He entered the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) on 8 October 1993.  On 4 March 1994, the unit commander in consultation with the Clinical Director/ADAPCP determined that further rehabilitation efforts were not practical and declared the applicant a rehabilitation failure.

The applicant underwent a mental status evaluation and medical examination and was found qualified for separation. 

On 6 April 1994, the applicant’s commander initiated a recommendation to separate him from the service under the provisions of Army Regulation (AR)
635-200, chapter 9, for alcohol rehabilitation failure.  He recommended that the applicant be separated with an honorable discharge and based his recommendation for separation on the applicant’s failure to successfully complete the ADAPCP.

After consulting with counsel, the applicant elected not to submit a statement in his own behalf.

The appropriate authority approved the recommendation and directed that he be issued an honorable discharge.

Accordingly, the applicant was discharged on 27 May 1994 under the provisions of AR 635-200, chapter 9, for alcohol rehabilitation failure.  He had served
1 year, 7 months and 10 days of total active service and was issued an RE code of RE-4.

On 19 March 1999 he applied to the Army Discharge Review Board (ADRB) for a change of his Narrative Reason for Separation and RE code.  He contended that his discharge and reenlistment bar for being a rehabilitation failure was improper because relapse is part of the recovery process.  He also contended that through suggestions from the Army’s rehabilitation program he has obtained nearly
5 years of continuous sobriety.  On 16 April 1999 the ADRB determined that the reason for separation was proper and equitable.  Additionally, the applicant was advised that changing an RE code is not within the purview of the ADRB.   

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.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.

RE-4 indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification such as drug or alcohol abuse, or as rehabilitation failure during their last period of service.

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

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 was properly discharged in accordance with applicable regulations with no indication of any of the applicant’s rights.

2.  The RE code and the Narrative Reason for Separation used in the applicant’s case are correct and were applied in accordance with the applicable regulations.

3.  The Board noted the applicant’s contentions pertaining to his sobriety and  post service accomplishments.  However, the applicant has failed to show through the evidence submitted or the evidence of record that the RE code and Narrative Reason for Separation issued to him were in error or unjust.

4.  In view of the foregoing, there is 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

JNS____  RVO_____  CLG____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022477	
SUFFIX		
RECON		
DATE BOARDED	19990427	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19940527	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 9	
DISCHARGE REASON	ALCOHOL REHABILITATION FAILURE	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.