MEMORANDUM OF CONSIDERATION

	IN THE CASE OF. 

	BOARD DATE:              24 June 2003                 
	DOCKET NUMBER:      AR2003091425

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Frank C. Jones, II 		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 RE-4 be changed to an RE-3.

APPLICANT STATES:  In effect, that the RE-4 code prohibits him from reentering the Army and does not provide him the opportunity to receive a waiver of his disqualification.  He requests that his RE code be changed to RE-3 in order to give him a second chance to serve his country and finish his successful career.  

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

He served on active duty from 25 December 1994 through 25 November 2002.  He was trained and served in military occupational specialty (MOS) 74B (Information Systems Operator), and the highest rank he attained was staff sergeant/E-6 (SSG/E-6).  

On 25 November 2002, applicant was honorably discharged under the provisions of chapter 9, Army Regulation 635-200, by reason of alcohol rehabilitation failure. At the time of his discharge, he had completed a total of 8 years, 1 month, and 
1 day of creditable active military service.

The separation document (DD Form 214) issued to the applicant on the date of his separation shows that he was assigned a Separation Program Designator (SPD) code of JPD and an RE code of 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 Army Drug and Alcohol Prevention 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 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.

Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states, in pertinent part, that the SPD code of JPD is the appropriate code to assign to soldiers separated under the provisions of chapter 9, Army Regulation 635-200, by reason of alcohol rehabilitation failure.  The SPD/RE Code Cross Reference Table establishes that RE-4 will be the code assigned to members separated with this SPD code.  

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 the applicant’s request that his RE-4 code be upgraded in order to allow him the opportunity to reenter the Army.  However, it finds this factor is not sufficiently mitigating to warrant the requested relief.  

2.  The evidence of record includes a properly constituted separation document that confirms the authority and reason for the applicant’s discharge, and the applicant does not dispute the basis for his discharge.  Lacking evidence to the contrary, the Board is satisfied that all requirements of law and regulations were met, and that the rights of the applicant were fully protected throughout the separation process.

3.  By regulation, SPD code JPD and RE-4 code are the proper codes to assign members separating under the provisions of chapter 9, Army Regulation 
635-200, by reason of alcohol rehabilitation failure.  As a result, the Board finds that the RE code of RE-4 assigned the applicant at discharge was and still is appropriate based on the authority and reason for his separation. 

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

__MKP__  __REB__  __FCJ _  DENY APPLICATION

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

INDEX

CASE ID	AR2003091425	
SUFFIX		
RECON		
DATE BOARDED	2003/06/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2002/11/25	
DISCHARGE AUTHORITY	AR 635-200 C9 	
DISCHARGE REASON	Alcohol Rehabilitation Failure	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300	
2.		
3.		
4.		
5.		
6.