IN THE CASE OF: BOARD DATE: 4 December 2012 DOCKET NUMBER: AR20120009646 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 from a “4” to a code that will allow him to reenter the armed forces. 2. The applicant states he agreed to being discharged with the understanding that he could return after 6 months of probation and completion of certain requirements. However, he has since discovered that an RE Code of “4” prevents him from reentering any military service and contends that the severity of the actions taken against him was unjust. 3. The applicant provides a two-page handwritten letter explaining his application and three third-party letters. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 27 August 2008 for a period of 3 years, training as a Patriot Missile Operator/Maintainer, and a $20,000 enlistment bonus. He completed his basic training at Fort Sill, Oklahoma and was transferred to Fort Bliss, Texas to undergo his advanced individual training. 2. On 11 February 2009, nonjudicial punishment was imposed against him for the wrongful use of marijuana. 3. On 23 February 2009, the applicant’s commander notified him that he was initiating action to discharge the applicant from the service under the provisions under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct due to the use of illegal drugs. He also advised the applicant of the consequences of receiving a less than an honorable discharge. 4. After consulting with defense counsel, the applicant waived all of his rights and elected not to submit a statement in his own behalf. 5. The appropriate authority approved the recommendation for discharge and directed that he be discharged under honorable conditions. 6. Accordingly, he was discharged under honorable conditions on 4 March 2009 under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct (Drug Abuse). He had served 6 months and 8 days of active service and was still in a trainee status. He was issued a separation program designator (SPD) code of “JKK” and an RE Code of “4.” 7. The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 4 August 2010 and on 27 April 2011, the ADRB determined that his discharge was both proper and equitable under the circumstances and voted unanimously to deny his request. 8. A review of the applicant’s separation proceedings failed to show any evidence or indication that the applicant was led to believe that he would be eligible to reenter the military services within 6 months or any period thereafter. 9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and procedures for separating personnel for misconduct. Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense, which includes drug offenses. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 10. 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. 11. RE-4 indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a non-waivable disqualification. The RE Code/SPD Code Cross Reference Table directs that an RE Code of “4” be given when the SPD code is “JKK,” which indicates separation for misconduct. DISCUSSION AND CONCLUSIONS: 1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. 2. He was issued an SPD code of “JKK,” which is consistent with the regulation governing discharge under the provisions of Army Regulation 635-200, paragraph 14-12c(2) and an RE Code of “4,” which is given when the SPD code is “JKK,” which is consistent with the regulations in effect at the time of his discharge and is a non-waivable disqualification. 3. Accordingly, there is no error or injustice in his case regarding his RE Code and therefore no basis to grant his request. 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) AR20120009646 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120009646 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1