| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Thomas B. Redfern, III | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That his reentry (RE) code be changed from 3 to 1.
APPLICANT STATES: That he needs an RE code of 1 to join the U. S. Marine Corps. He believes the separation code (SPD) of JKK is unjust. He was to be discharged for a 3-week absence without leave (AWOL). Recruiting officials have told him that if his Certificate of Release or Discharge from Active Duty, DD Form 214, showed he was discharged for a 3-week AWOL instead of a failed urinalysis (SPD JKK), he would probably be enlisted now. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular army on 8 February 1995. He completed basic training and advanced individual training and was awarded military occupational specialty 35E (Radio Repairer).
On 22 April 1996, the applicant was given a local bar to reenlistment. The commander had cited the applicant’s two Article 15s, one dated 4 March 1994 for AWOL and one dated 11 April 1996 for illegal substance abuse. The Article 15s are not available. The applicant submitted no statements in his behalf and did not appeal the bar.
The applicant’s discharge packet is not available. His DD Form 214 shows he was discharged, with a general discharge, on 1 July 1996 for misconduct under the provisions of Army Regulation 635-200, paragraph 14-12c(2). He was given
an SPD code of JKK (separation for misconduct under the provisions of Army Regulation 635-200, paragraph 14-12c(2)) and an RE code of 3. Neither his DD Form 214 nor his Personnel Qualification Record, DA Form 2-1, shows he had any lost time. The applicant signed the DD Form 214.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Paragraph 14-12c is commission of a serious offense; paragraph 14-12c(2) is abuse of illegal drugs.
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 and processing into the Regular Army (RA) 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, including RA RE codes.
Army Regulation 635-5-1, Table 2-2 (SPD/RE Cross Reference Table) provides that when the SPD given is JKK then the RE code will be 4.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.
2. The evidence of record shows that the applicant had received a bar to reenlistment for misconduct, specifically, for receiving two Article 15s. One Article 15 was for AWOL and the other for illegal substance abuse. There is no evidence to show the AWOL was for a 3-week period, there is no other evidence of record to show that he was AWOL for a 3-week period, and the Board presumes that his misconduct discharge was initiated because of his illegal substance abuse. Therefore, his SPD code of JKK is correct. The RE code of 3 is incorrect; however, since the correct RE code for this SPD is 4, the Board cannot make this correction unless the applicant requests it.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__mkp___ __tbr___ __rks___ DENY APPLICATION
| CASE ID | AR2001056055 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010807 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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