IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20160006468 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20160006468 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20160006468 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his reentry eligibility (RE) code. 2. The applicant states the Army National Guard (ARNG) is constantly trying to recruit personnel in the military occupational specialty (MOS) 92F (Petroleum Supply Specialist). He has been unemployed for a long period and is desperately seeking work. He worked for over 8 years in the MOS 92F and is an expert in his field. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 21 April 2011, the applicant, with prior Army Reserve, Army National Guard, and Regular Army service, enlisted in the Regular Army. 3. On 8 November 2011, the applicant was referred to the Army Substance Abuse Program (ASAP). 4. On 14 November 2011, he violated the provisions of the ASAP rehabilitation agreement of not consuming any alcohol as documented by a blood alcohol test showing a 0.139 alcohol level. Based on this finding he was declared a rehabilitation failure. 5. On 13 December 2011, his command formally initiated separation action for alcohol rehabilitation failure. 6. On 25 January 2012, the applicant acknowledged the separation action and waived his right to a board of officers hearing and to submit statements on his own behalf. 7. The applicant was honorably discharged 21 February 2012 under Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 9 as an alcohol rehabilitation failure. His DD Form 214 shows he served 8 years in MOS 92F. It further shows he received a separation program designator (SPD) code of JPD and an RE-4. He had a total of 4 years, 9 months, and 7 days of active duty service and 4 years, 6 months, and 12 days of inactive service. REFERENCES: 1. Army Regulation 600-85 (The Army Substance Abuse Program) states that Soldiers who fail to participate adequately in or to respond successfully to rehabilitation will be processed for administrative separation. 2. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states an RE code is not upgraded unless it was administratively incorrect when originally issued. a. RE-1 applies to personnel who have completed their obligated term of active service and are considered qualified to reenter the U.S. Army if all other criteria are met. b. RE-3 applies to personnel who are not considered fully qualified for reentry or continuous service at time of separation, but whose disqualification is waivable. They are ineligible unless a waiver is granted. c. RE-4 applies to personnel separated from last period of active duty service with a nonwaivable disqualification. This includes anyone with a Department of the Army imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years AFS. 3. 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 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 included in the regulation establishes RE-4 as the proper code to assign members separated with this SPD code. DISCUSSION: 1. The applicant was discharged by reason of alcohol rehabilitation failure with an SPD code of JPD. This reason for discharge carries an RE-4 code. 2. The applicant has not provided and the record does not contain any evidence that he was not properly discharged for alcohol rehabilitation failure. Without a change in the reason for his separation, the RE-4 is appropriate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006468 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160006468 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2