MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 October 2002
	DOCKET NUMBER:   AR2002076392

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		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 (RE) code be changed.

APPLICANT STATES:  That his RE code of 4 is affecting him in seeking future employment with the Government.  He provides a copy of his Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.

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

He enlisted in the Regular Army on 23 September 1997.  He completed basic training and advanced individual training and was awarded military occupational specialty 25M (Illustrator).  He completed basic airborne training.

On 11 January 2000, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for physically controlling a passenger vehicle when his breath alcohol content registered .13 percent.  

The applicant was enrolled in the Substance Abuse Rehabilitation Service (SARS) program on 4 January 2000.  

Apparently on 23 March 2000, the applicant and some friends went out to celebrate his successful completion of the SARS program by having some drinks.  He apparently fell asleep in his car and was awakened by the local police who took him back to the installation.  His SARS paperwork had not yet been processed.  

A 10 April 2000 statement from a SARS psychologist noted that the applicant continued to use and abuse alcohol which resulted in an alcohol-related incident. A rehabilitation team meeting was held on 10 April 2000.  As a result of this consultation, the applicant was declared a rehabilitation failure.  

On 13 April 2000, a mental status evaluation found the applicant to have the mental capacity to understand and participate in proceedings and to be mentally responsible.  He was psychiatrically cleared for any administrative action deemed appropriate by his command.  (A memorandum dated 14 April 2000 signed by the Chief, Inpatient Psychiatry Service stated, "The soldier does have a psychiatric condition which would warrant disposition through medical channels.  The soldier is psychiatrically cleared for whatever administrative action deemed appropriate by command."  The first sentence is presumed to have a typographical omission ("does NOT have") as this medical officer earlier in the memorandum stated the applicant met the retention standards of Army Regulation 40-501.)

On 19 April 2000, the applicant completed a separation physical examination and was found to be qualified for separation.

On 15 May 2000, the applicant's commander initiated separation action on him under the provisions of Army Regulation 635-200, chapter 9 for alcohol rehabilitation failure.

On 15 May 2000, the applicant acknowledged notification of the action and indicated he would submit a statement.  He failed to do so within the given time frame.  

On 30 May 2000, the appropriate authority approved the recommendation and directed the applicant be given an honorable discharge.

On 23 June 2000, the applicant was honorably discharged, in pay grade E-2, under the provisions of Army Regulation 635-200, chapter 9.  He had completed 2 years, 9 months, and 1 day of creditable active service and had no lost time.  He was given a separation designator code (SPD) of JPD (involuntary discharge for alcohol rehabilitation failure) and an RE code of 4.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 provides for the discharge of members based on alcohol or other drug abuse such as the illegal, wrongful or improper use of any controlled substance, alcohol or other drug when the soldier in enrolled in an alcohol or drug rehabilitation program and the commander, in consultation with the rehabilitation team, determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitative failure.  

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 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 Separation Program Designator Code (SPD)/Reentry (RE) Code Cross Reference Table states that when the SPD is JPD then RE code 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.  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.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The RE code of 4 is correct given the reason for his separation.

3.  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

__JHL__  __MVT__  ___RTD__  DENY APPLICATION

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

INDEX

CASE ID	AR2002076392	
SUFFIX		
RECON		
DATE BOARDED	2002/10/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.