MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           25 July 2000
	DOCKET NUMBER:   AR2000035418

	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. Carl W. S. Chun
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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 RE-4 be changed to RE-3.

APPLICANT STATES:  That he has no problems with alcohol and, in order for him to serve his country and finish his career, he needs his RE code changed.  In support of his request, the applicant submits a letter of reference from his present employer.

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

That with 5 years prior Navy service, he enlisted on 10 February 1997.  After training, he was assigned to Fort Sill, Oklahoma.  In December 1997, he entered the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) as a self-referral.  On 9 January 1998, he was disenrolled as a rehabilitation failure.

On 3 April 1998, the applicant’s commander recommended that he be discharged as an alcohol rehabilitation failure under the provisions of Army Regulation 635-200, chapter 9.  The applicant consulted with counsel and waived consideration by a board of officers.  He declined to submit a statement in his own behalf.  The separation authority approved the recommendation and directed the applicant be issued an Honorable Discharge Certificate.

The applicant was honorably discharged on 22 April 1998 with 1 year, 2 months and 13 days of creditable active service on his current enlistment and 6 years, 2 months and 13 days of total service.  He was paid one-half separation pay in the amount of $5304.72.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his reentry code as RE-4.

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 soldiers because of alcohol or other drug abuse.  A member who has enrolled in ADAPCP for alcohol/drug abuse may be separated because of an 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.

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 and processing into the Army.  Chapter 3 prescribes basic eligibility for prior service applicants for enlistment, and includes a list of armed forces RE codes.  RE-4 applies to individuals who are ineligible to 

reenter the Army.  Chapter 4 of the above regulation lists nonwaivable moral and administrative disqualifications for reentry in the Army.  Included in this table are persons with prior service last discharged from active service for reasons of alcohol abuse or as a rehabilitation failure.  These individuals will be assigned RE code 4 at the time of discharge.

The Total Army Personnel Command has advised in similar cases that RE codes may be changed only if they are determined to be administratively incorrect.

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 compliance with applicable regulations, with no indication of procedural errors which would tend to jeopardize his rights.

2.  The applicant’s RE code was correctly assigned in accordance with applicable regulations.  There is no basis for removal or waiver of that disqualification which established the RE-4 code.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

__tsk____  __sk____  __jhk____  DENY APPLICATION

    Carl W. S. Chun
    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035418	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.	110.00	
3.		
4.		
5.		
6.