MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  19 December 2002
	DOCKET NUMBER:  AR2002074288

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Stanley Kelley		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:  In effect, that his Reentry (RE) Code of "3" be changed to a more favorable code.

APPLICANT STATES:  In effect, that his RE code should be changed to a more favorable code.  In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a letter of completion, and a character reference letter.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted 
on 30 July 1981.  He continued to serve through a series of continuous reenlistments until he was honorably discharged on 31 August 1992, under the provisions of Army Regulation 635-200, chapter 9, for alcohol abuse– rehabilitation failure.  He was issued an RE Code of "3."  On 10 June 1992, he was declared a rehabilitation failure.

The applicant provided a copy of a letter which shows that he completed a civilian Alcohol and Drug Safety Action Program in July 1999.  He also provided a copy of a letter of recommendation from his employer who recommended him for entry in the National Guard (NG).

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 the 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 Regular Army (RA) 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.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial
punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapter 9, 10, 13, 14, and 16 of Army Regulation 635-200.

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 Board notes that the applicant's RE Code of "3" is consistent with the basis for his separation and in this case finds no basis to correct the existing code.

2.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his separation under Army Regulation 635-200, chapter 9, which resulted in his receiving an RE Code of RE "3" was in error or unjust.  

3.  The applicant's letter of completion for his satisfactory treatment plan and letter of recommendation, while commendable, are not a sufficient basis to change his RE code.

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

__ro___  ___ho__  ___sk___  DENY APPLICATION

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

INDEX

CASE ID	AR2002074288	
SUFFIX		
RECON		
DATE BOARDED	20021219	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920831	
DISCHARGE AUTHORITY	AR 635-200, chap 9	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	4	
2.		
3.		
4.		
5.		
6.