MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           7 February 2002                  
	DOCKET NUMBER:   AR2001061179

	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. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		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 eligibility (RE) code be changed to a 1, 2, or 3.

APPLICANT STATES:  In effect, that he is requesting his RE-4 code be upgraded because it is unjust and it no longer accurately reflects his character.  He is now remarried and no longer drinks.  Prior to his discharge he was having a problem at home and turned to alcohol to solve it.  He had decided to get out before he ruined everything he had worked for.  At that point, he had not lost any rank or received an Article 15.  He approached his first sergeant with a proposition.  He had found a way to get out and the first sergeant assisted him.  While being processed for separation he was told that he would have to wait a maximum of two years to reenter the service.  He is now told he cannot reenter unless he gets his RE code changed.  He believes he still has a lot to contribute and that he would be an asset to the Army.

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

He entered active duty on 10 January 1996, and was trained as an armor crewman.  

On 19 May 1999, the applicant was apprehended for operating a vehicle while under the influence of alcohol.  For this offense he received a general officer letter of reprimand.

On 28 August 1999, the applicant was counseled because he was detained by the military police and charged with drunk and disorderly conduct and assault.

On 29 November 1999, the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-200, chapter 9 for having been declared a rehabilitation failure by the Alcohol and Drug Abuse Prevention and Control Program.

On 30 November 1999, after consulting with counsel, the applicant waived consideration of his case, personal appearance, and representation before a board of officers, and elected not to submit a statement in his own behalf.  Paragraph 5 of the waiver form reads, “I further understand that I will be ineligible to apply for enlistment in the United States Army for a period of 2 years after discharge.”

On 12 December 1999, the separation authority approved the recommendation and directed that the applicant be furnished an honorable discharge certificate and transfer to the Individual Ready Reserve.

Accordingly, he was separated on 21 December 1999 under the provisions of Army Regulation 635-200, chapter 9, for Alcohol Rehabilitation Failure, with a Separation Program Designator (SPD) of JPD and an RE-4 code.  He had a total of 3 years, 11 months, and 12 days of creditable service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 provides for the discharge of members based on alcohol or other drug abuse such as the illegal, wrongful or improper use of any controlled substance, alcohol or other drug when the soldier in enrolled in the Alcohol and Drug Abuse Prevention & Control Program and the commander, in consultation with the rehabilitation team, determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitative failure. 

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 635-5-1 provides that separation code JPD will be given when the reason for discharge is alcohol rehabilitation failure under Army Regulation 635-200, chapter 9.

RE-4 applies to persons not qualified for continued Army service.  The disqualification is not waiverable.

Army Regulation 635-5, Table 2-2, SPD/RE Cross Reference Table, states that RE-4 will be used when the SPD code is JPD.

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 primary contention is that he was counseled that after a two-year separation he would be allowed to reenter the Army.  The applicant acknowledged by his signature that he had read the statement “I further understand that I will be ineligible to apply for enlistment in the Unites States Army for a period of 2 years.”  The statement clearly indicates that after two years the applicant may be eligible to apply.  It does not indicate that even if eligible to apply for enlistment, his application would be approved.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

3.  The Board carefully reviewed the applicant’s records and determined that his RE-4 code is the appropriate code for his narrative reason for discharge.

4.  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.

5.  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

___fne___  ___mkp__  __le_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001061179	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010207	
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.	179	
2.		
3.		
4.		
5.		
6.