MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   .

	BOARD DATE:  24 May 2000
	DOCKET NUMBER:   AR2000036415

	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		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John M. Slone		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Mark D. Manning		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: Correction of appropriate military records to show a reentry eligibility (RE) code that would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications, which preclude reenlistment.

APPLICANT STATES: That he was told he could return to the Army in two years if he completed a chemical dependency course.  He indicates that he has been “actively engaged in sobriety since 1/12/99 and have completed eight months in chemical dependency.”

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

On 7 April 1993, he enlisted in the Army.  He completed his required training and was awarded MOS 63B (Light Vehicle Mechanic).  He was advanced to pay grade E-3, effective 1 May 1994.

On 2 June 1994, his commander enrolled him into the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP).

In March 1995, he was disenrolled for failing to abide by the abstinence policy.

On 23 March 1995, he was declared a rehabilitation failure from the ADAPCP because of his use of psychoatictive substances during his enrollment period.

On 14 July 1995, his commander notified him that he was recommending his separation based on his failure from the ADAPCP.  He was advised of his rights. The applicant, with legal counsel, acknowledged his commander’s notification, made a statement in his own behalf, and waived legal counsel.

On 1 August 1995, the appropriate separation authority approved his separation and directed he be issued a General Discharge Certificate.

On 17 August 1995, he was separated with a General Discharge Certificate under Army Regulation 635-200, chapter 9, based on his alcohol rehabilitation failure.  His DD Form 214 indicates he had 2 years, 4 months and 11 days of creditable service.  He was assigned code RE-4.

On 13 April 1998, the Army Discharge Review Board (ADRB) found the applicant’s discharge to be proper; however, not equitable.  The ADRB changed his characterization of service from general to honorable.  The reason and authority for his discharge, and his assigned code of RE-4 remained unchanged.

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 Regular Army (RA) and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.

RE Code RE-4 applies to persons separated from their last period of service with a non-waivable disqualification, including those separated with a Departmental bar to reenlistment in effect, and who are ineligible for enlistment.

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 separated and assigned an RE code in accordance with regulations then in effect.

2.  There appears to be no basis for removal or waiver of that disqualification which established the basis for the RE 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 the aforementioned 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

__JS___  ___MW___  ___MM____ DENY APPLICATION

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

INDEX

CASE ID	AR2000036415	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000524	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.110	RE Code	
2.		
3.		
4.		
5.		
6.