MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 October 2003                  
	DOCKET NUMBER:   AR2003086183

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. Troup		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 from 4 to 3.

APPLICANT STATES:  That he would like to reenlist.  He has been out of the Army for a little over two years.  He received an honorable discharge, but his reenlistment code bars him from rejoining.  Since he has been out of the service, he has successfully held a full-time job and attended school full time.  He therefore would like to continue his success in the Army.  He submits two reference letters issued to him from his Army supervisors prior to his separation from the service.  His civilian shift supervisor commended him for being a team player, a kind and sincere individual, and an ideal worker.  She recommended him for whatever position he decided to take up next.  His company commander had found him to be competent and a great job performer.  He was responsible when given a task to accomplish.
 
EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 29 September 1999 for 4 years.  He completed basic training and advanced individual training and was awarded military occupational specialty 74B10 (Information System Operator Analyst).  

The applicant's discharge packet is not available.  

On 10 November 2001, the applicant was honorably discharged, under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure.  He was given a separation program designator (SPD) code of JPD (separation for alcohol rehabilitation failure under the provisions of Army Regulation 635-200, chapter 9) and an RE Code, RE- 4.  

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 Alcohol and Drug Abuse Prevention and Control Program 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 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army (RA) and the U.S. 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- 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.  The SPD/RE Code Cross Reference Table states that, when the SPD is JPD, then RE- 4 will be given.

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 discharged as an alcohol rehabilitation failure.  Due to the reason for his discharge, he was properly given an RE- 4.  

2.  The Board took into consideration the applicant’s references and commends him for his claimed accomplishments.  Unfortunately, the RE-4 is not waivable.  Post service accomplishments alone do not provide the Board a basis upon which to grant relief.

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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.
  
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

___RJW_  ___LDS  _  ___MJT _  DENY APPLICATION

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

INDEX

CASE ID	AR2003086183	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2001.11.10	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Chap 9 Alcohol Rehab Failure	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRCTOR	
ISSUES         1.	A100.03	
2.		
3.		
4.		
5.		
6.