ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 April 2019 DOCKET NUMBER: AR20170007100 APPLICANT REQUESTS: a change to his Reentry (RE) Code from Re-4 to a higher code that would allow him to reenter military service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Congressional correspondence * Letters of Support * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his current RE Code is unjust because he was an excellent Soldier. He deserves a second chance to serve our country. He fully understands and takes full responsibility for the actions that led to his discharge. He is no longer that person but he remains a skilled Soldier who is dedicated to military service. He hopes the Board would see it fit to change his RE Code. 3. The applicant provides Congressional correspondence and several character reference letters where in various authors state: * he was an excellent Soldier who produced outstanding results, and although he made a mistake, he deserves a second chance * he was phenomenal Soldier who took instructions well and never complained * he is dedicated and unstoppable when he puts his mind to task * he was motivator, a leader, and a strong individual * a hard-charging Soldier who never failed in any given mission 4. Review of the applicant's records shows: 1. a. He enlisted in the Regular Army on 2 January 2013. b. On 30 October 2014, he was referred to the Army Substance Abuse Program and enrolled in clinical treatment. c. On 26 November 2014, he was seen consuming alcohol by his first sergeant and commander. d. On 10 December 2014, a Rehabilitation Team Meeting was held and his commander determined the applicant was an alcohol rehabilitation failure. He had failed to demonstrate commitment to his treatment for alcohol abuse. e. On 3 March 2015, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with chapter 9 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), for alcohol rehabilitation failure. The immediate commander stated the specific reason was the applicant's alcohol rehabilitation failure. He had an alcohol-related incident on 26 November 2014. The immediate commander recommended an honorable discharge. f. The applicant acknowledged receipt of the commander's intent to separate him and was advised of the basis for the contemplated separation action, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/ rights that were available to him. g. On 4 March 2015, the separation authority approved the applicant’s discharge under the provisions of chapter 9 of AR 635-200, due to alcohol rehabilitation failure with an honorable discharge, but the separation was suspended for 6 months. h. On 7 June 2015, he was arrested for driving under the influence. He would later appear before civil court and was found guilty of fleeing the scene of an accident. He was sentenced to a fine, restitution, community service, and 100 days of jail time (90 days suspended). i. On 18 July 2015, he was remanded to the Fairbanks Correctional Center for 20 days. He was released from confinement on 6 August 2015. j. The applicant was re-advised of the separation action and re-acknowledged the notification and his rights. The separation authority ordered him discharged with an honorable characterization of service. k. The applicant was discharged from the Army on 31 August 2015. His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214) shows he was honorably discharged on 31 August 2015 and he completed 2 years, 7 months, and 11 days of active service with lost time from 18 July to 5 August 2015. It also shows in: a. * Item 25 (Separation Authority), Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), chapter 9 * Item 26 (Separation Code), JPD * Item 28 (Narrative Reason for Separation), Alcohol Rehabilitation Failure * Item 29 (Reentry Code), 4 5. By regulation, a member who has been referred to the ASAP 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. The narrative reason for separation of such member is "Alcohol Rehabilitation Failure." 6. By regulation, a member who is separated due to Alcohol Rehabilitation Failure is assigned Separation Code "JPD." The SPD code of "JPD" is the correct code for Soldiers separated under chapter 9 of AR 635-200. Such Separation Code has a corresponding RE Code of 4. BOARD DISCUSSION: After reviewing the application and the supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board found insufficient justification to change the reentry (RE) code of the applicant. Based upon the circumstances relating to the discharge and the regulatory guidance on the circumstances, the Board concluded there was no error or injustice which would warranting making a correction. 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. 5/1/2019 X CHAIRPERSON Signed by: 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. 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. 2. Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 contains the authority and outlines the procedures for discharging Soldiers because of alcohol or other drug abuse. A member who has been referred to the ASAP 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. Nothing in this chapter prevents separation of a Soldier who has been referred to such a program under any other provisions of this regulation. Initiation of separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation failures. The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required. However, an honorable discharge is required if restricted-use information was used. 3. AR 601-210 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Table 3-1 includes a list of the RA RE codes. * An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the Army; they are qualified for enlistment if all other criteria are met * An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted * An RE-4 applies to Soldiers separated from the last period of service with a nonwaivable disqualification 4. AR 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty. Their primary purpose is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data. The SPD code of "JPD" is the correct code for Soldiers separated under chapter 9 of AR 635-200. 1. 5. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. The cross reference table shows the SPD code and a corresponding RE code. At the time of his discharge, the SPD code of "JPD" had a corresponding RE code of "4."