IN THE CASE OF: BOARD DATE: 21 January 2010 DOCKET NUMBER: AR20090013559 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 if his RE code is changed he will be able to take a negative situation and turn it into a positive one. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 2 November 2006 and trained as an armor crewman. 2. Records show the applicant was absent without leave (AWOL) from 4 April 2007 to 2 May 2007. 3. The applicant's discharge packet states that he tested positive for marijuana on 20 June 2007. 4. Records show the applicant was AWOL from 4 July 2007 to 9 July 2007. 5. On 17 December 2007, the applicant was discharged with a general discharge for misconduct (drug abuse). 6. 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).” 7. 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). 8. 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. 9. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification. 10. 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. 11. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated. 12. 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 RE code was administratively correct and in conformance with applicable regulations at the time of his separation. There is no error in his records and he provides an insufficient reason that would justify changing his RE code. 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. _______ _ X______ ___ 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) AR20090013559 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090013559 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1