MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             28 September 2000                  
	DOCKET NUMBER:     AR2000038971

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 be changed to read secretarial authority. 

APPLICANT STATES: That the punishment for a one-time incident was too harsh.  In support of his application, he has submitted a letter that states that he completed an alcohol out patient program on 5 June 1998.  Also submitted were three letters attesting to his good citizenship.

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

He enlisted into the Regular Army on 27 December 1995; he was trained as a automated fire support systems specialist, and served continuously until his discharge on 24 October 1996.

On 1 July 1996 the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP).  He was released from the program on 15 September 1996, because of evidence of involvement with alcohol and a threat to commit suicide.

On 20 September 1996 the applicant’s unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure and initiated action to discharge him under the provisions of AR 635-200, chapter 9, paragraph 9-2, for alcohol abuse rehabilitation failure.

On 24 September 1996, after consultation with counsel, the applicant submitted an acknowledgement of the action being considered against him.  He did not waive his rights and submitted a statement on his own behalf.

On 24 October 1996 the applicant was discharged in grade E-2 under authority of Army Regulation 635-200, chapter 9.  He had 9 months, and 28 days creditable service and no lost time.  His narrative reason for separation was shown as alcohol rehabilitation failure with a separation code (SPD) of JPD and a RE code of RE-4.

On 22 February 1999 the applicant was informed of the Army Discharge Review Board’s decision to change his characterization of service to Honorable.

There is no evidence of a disciplinary record beyond the alcohol associated problems

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 individuals because of alcohol or other drug abuse.  A member who has been referred to 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 also 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 and the US 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. 

The regulation in effect at the time provided that the RE code associated with the SPD of JPD for alcohol rehabilitation failure would be RE-4.  It further provided that RE-4 applied to persons separated from their last period of service with a non-waivable disqualification for reenlistment.

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 DD Form 214 (separation document) is not in error.  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 Board has taken note of the applicant’s good post-service conduct, but that factor alone does not warrant granting the relief requested. 

3.  Although the ADRB has upgraded the applicant’s discharge to honorable, he has not provided evidence or shown to the Board that the narrative reason for separation or the RE code is incorrect 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

___rvo __  ___dph __  ___emw_  DENY APPLICATION

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

INDEX

CASE ID	AR2000038971	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000928	
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.		
2.		
3.		
4.		
5.		
6.