MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 March 2002                   
	DOCKET NUMBER:   AR2001064617

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Donald P. Hupman, Jr.		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, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications, which preclude reenlistment.

APPLICANT STATES:  In effect, that he was only 19 years old and had not learned the correct discipline that it took to be a top soldier.  He believes that he has learned the discipline needed to be the best soldier possible.  He has stopped drinking and has been alcohol free for 3 years.

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

On 27 January 1993, the applicant enlisted in the Regular Army in pay grade 
E-2 for 3 years after having had prior Reserve service.  

The applicant’s record shows that on 21 March 1993 he attempted to commit suicide by ingesting 18, 800 milligrams of Motrin tablets and consuming alcohol prior to taking the tablets.

On 30 March 1993, the applicant was referred and was entered into an Alcohol and Drug Abuse Prevention and Control Program (ADAPCP). 

Between 27 April and 26 May 1993, the applicant completed eight individual and group counseling sessions.  On 28 May 1993, the applicant was declared a rehabilitation failure by the ADAPCP staff and his company commander. He was failed because of his continued consumption of alcohol and action, which indicated that, he would not respond to treatment. 

On 7 June 1993, a mental status evaluation found the applicant mentally capable of understanding and participating in board proceedings.  

On 7 July 1993, the commander notified the applicant that he was recommending him for discharge under the provisions of Army Regulation 635-200, Chapter 9 for alcohol rehabilitation failure.  The commander’s recommendation was based on the applicant’s continued consumption of alcohol during his counseling sessions and actions, which indicated that he would be a high risk for continued relapses.  

On 8 July 1993, the applicant acknowledged notification of the action.  He consulted with legal counsel of the basis for the contemplated separation action and the rights available to him.  He was afforded the opportunity to submit statements in his own behalf, but declined to do so. 

The appropriate authority approved the recommendation and directed the issuance of an Honorable Discharge Certificate.

On 21 July 1993, the applicant was honorably discharged, in pay grade 
E-2, under the provisions of Army Regulation 635-200, Chapter 9.  He had completed 5 months and 25 days of creditable active service and was given a reentry code of RE-4.

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-4 applies to individuals separated from the last period of service with a nonwaivable disqualification and is ineligible for enlistment.

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.  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.

2.  Army Regulation requires 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.  Evidence of record shows that the applicant was properly assigned an RE code of RE-4 based on his reason for discharge (Alcohol Rehabilitation Failure).  

3.  In view of the circumstances in this case, the assigned reentry eligibility code was and still is appropriate.

4.  Therefore, 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___  __tbr___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2001064617	
SUFFIX		
RECON		
DATE BOARDED	20020305	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19930721	
DISCHARGE AUTHORITY	AR635-200, Chapter 9	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.