MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 September 2000
	DOCKET NUMBER:   AR2000037033

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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 so that he can go back into the service.

APPLICANT STATES:  That he was never offered alcohol rehabilitation in the service; that he was not given the same opportunity as others in the same situation; and that the matter was handled off-base.  In support of his request, the applicant submits a letter of recommendation from a former unit officer, copies of noncommissioned officer evaluation reports, and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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

He enlisted on 20 June 1989.

On 10 December 1996, while stationed at Fort Bragg, North Carolina, the Commanding General, 82d Airborne Division, issued the applicant a memorandum of reprimand (MOR) for driving with a blood alcohol content of .17 percent on 21 November 1996.  The applicant acknowledged receipt of the reprimand and elected not to make a statement.  On 15 January 1997, the general officer directed that the MOR be filed in the performance portion of the applicant’s Official Military Personnel File.

The facts and circumstances pertaining to the applicant’s discharge are not on file.  His DD Form 214 indicates that he was discharged on 19 February 1998 as an alcohol rehabilitation failure under the provisions of Army Regulation 635-200, chapter 9; he was issued an Honorable Discharge Certificate and was given a reentry code of RE-4.  He had 8 years and 8 months of creditable service.

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 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.

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 provides a table of nonwaivable moral and administrative disqualifications for reentry in the Army.  Included in this table are persons with prior service who were discharged from active duty for alcohol abuse or as a rehabilitation failure during their last period of service.  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 record is void of facts and circumstances concerning the administrative process that led to his discharge from the Army.  The Board noted that his record contains a properly constituted DD Form 214 that identifies the reason, authority and characterization of the discharge and the Board presumes, in the absence of evidence to the contrary, that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

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

__jh_____  __fe____  __cjs____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037033	
SUFFIX		
RECON		
DATE BOARDED	20000912	
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.