IN THE CASE OF: BOARD DATE: 17 MARCH 2009 DOCKET NUMBER: AR20080018621 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 that his reentry (RE) code be changed. 2. The applicant states, in effect, that he was informed he would be able to reenlist after two years (without a Congressman’s recommendation) and he is now being told that he is unable to reenlist with an RE code of 4. He indicates that the RE code should be a 3 or less. 3. The applicant provides a copy of his DD Form 214 (Certificate or Release or Discharge from Active Duty) in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 25 April 2006 and trained as an infantryman. 2. On 24 May 2007, nonjudicial punishment was imposed against the applicant for marijuana use. His punishment consisted of a reduction to E-1, a forfeiture of pay, extra duty, and restriction (suspended). 3. On 24 September 2007, the applicant was discharged with a general discharge for misconduct (drug abuse). 4. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, PARA [paragraph] 14-12C(2).” Item 26 (Separation Code) on his DD Form 214 shows the entry, "JKK." Item 27 (Reentry Code) on his DD Form 214 shows the entry, "4." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "MISCONDUCT (DRUG ABUSE).” 5. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code “JKK” is “Misconduct” and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2). 6. 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 processing into the Regular Army 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. 7. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification. 8. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable. 9. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated. 10. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that when the Separation Program Designator is "JKK" then an RE code of 4 will be assigned. DISCUSSION AND CONCLUSIONS: The applicant’s contention was noted. However, his RE code was administratively correct and in conformance with applicable regulations at the time of his separation. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ XXX_ _______ ___ 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. ABCMR Record of Proceedings (cont) AR20080018621 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080018621 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1