ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  1 April 2019 DOCKET NUMBER:  AR20160014432 


APPLICANT REQUESTS: change to his Reentry (RE) Code from RE-4 to a less severe code.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Personal Statement

.DD Form 214 (Certificate of Release or Discharge from Active Duty)



FACTS: 

1.The applicant states the purpose of his application is to request the RE Code bereconsidered.  He was discharged from the Army with an Honorable character ofservice on 3 June 2015 with an RE-4.  He was separated due to a Chapter 9, ArmySubstance Abuse Program failure for missing 5 classes.  Two of the classes weremissed because he was on leave and out of the state; two missed classes werebecause he was on quarters and ill, and the 5th class was missed on a half day whereinhe assumed (in error) that there would not be a class.  When he attempted to appealthe Chapter 9, he felt as though his chain of command and counselor did not want towork with him.  He understands the importance of following directives and assignedprograms and he realizes that by missing the classes it appeared that he did not takethem seriously.  He would like another opportunity to serve his country while taking careof his family.  He recently talked with a recruiter inquiring about reenlisting in the Armybut was informed he could not do it because of the RE Code. Therefore, he is asking forthe RE Code be changed to a less severe code.

2.Review of the applicant’s service record shows:

a.11 October 2011 – he enlisted in the Regular Army.

b.13 November 2012 to 5 August 2013 – he served in Afghanistan.

c.5 June 2014 – diagnosed with alcohol dependence and referred to the ArmySubstance Abuse Program (ASAP) for self-medicating and drinking to fall asleep. 




















d.31 December 2014 – ASAP Clinical Director submitted a summary ofrehabilitative activities to his chain of command. The clinical director stated that the applicant failed to comply with the agreement made during the Rehabilitation Team Meeting, coupled with prior unexcused absence, represented rehabilitation failure.  e.December 2014 to February 2015 – counseled for various infractions includingfailure to be at accountability formation, failure to pay debt, and missed ASAP appointments. f.10 April 2015 – underwent a mental status evaluation that yielded a finding of fitfor duty with a diagnosis of alcohol dependence.  He was cleared for administrative action deemed appropriate by his command.  g.27 April 2015 – his immediate commander notified of his intent to initiateseparation action against him in accordance with chapter 9 (Alcohol or Drug Abuse Rehabilitation Failure) of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations).  h.27 April 2015 – he acknowledged receipt, consulted with counsel, and wasadvised of his rights. i.12 May 2015, his commander initiated separation action.  His chain of commandrecommended approval. j.15 May 2015 – the separation authority approved the discharge action andordered his service be characterized as honorable. j.3 June 2015 - he was honorably discharged.  His DD Form 214 shows he wasdischarged in accordance with chapter 9 of AR 635-200 due to Alcohol Rehabilitation Failure.  He was assigned Separation Code JPD and RE Code 4.  3.By regulation (AR 635-200), if and when a Soldier is separated for alcohol or drugrehabilitation failure, the Soldier may receive an honorable or a general discharge withSeparation Code JPD (alcohol rehabilitation failure).  The corresponding RE Codeassociated with this type of discharge is RE-4.BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  The Board found that there was insufficient evidence to show that the applicant completed the rehabilitative requirements prior to separation and,therefore, the Board concluded that relief was not warranted at this time.  

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:x :x :x DENY APPLICATION 


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 

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. 




REFERENCES: 

1.Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) setsforth the basic authority for the separation of enlisted personnel.  Chapter 9 contains theauthority and outlines the procedures for discharging individuals because of alcohol orother drug abuse.  A member who has been referred to ASAP for alcohol/drug abusemay be separated for unsuccessful completion of the program.  At the time of theapplicant’s separation an honorable or general discharge was authorized.

2.Army Regulation 601-210 (Active and Reserve Components Enlistment Program)covers eligibility criteria, policies, and procedures for enlistment and processing into theRegular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a listof the Regular Army RE codes:

.RE-1 applies to Soldiers completing their term of active service who areconsidered qualified to reenter the U.S. Army; they are qualified for enlistment ifall other criteria are met

.RE-3 applies to Soldiers who are not considered fully qualified for reentry orcontinuous service at time of separation, but disqualification is waivable; they areineligible unless a waiver is granted

.RE-4 applies to Soldiers separated from their last period of service with anonwaivable disqualification



3.Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states thatSPD codes are three-character alphabetic combinations which identify reasons for andtypes of separation from active duty.  The SPD code of JPD is the correct code forSoldiers separating under the provisions of chapter 9 of Army Regulation 635-200.

4.The SPD/RE Code Cross Reference Table provides instructions for determining theRE code for Active Army and Reserve Component Soldiers.  This cross reference tableshows the SPD code and a corresponding RE code.  The SPD code of JPD has acorresponding RE code of 4.