| Mr. Carl W. S. Chun | Director | |
| Ms. Jeanie M. Biggs | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Ms. Karen Y. Fletcher | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests in effect, item 27, Reentry Eligibility (RE) Code, on his
DD Form 214, Report of Transfer or Discharge be corrected to show the correct code so that he can reenter the Army.
2. The applicant states “he did not do anything bad enough to be kicked out for life. One man’s decision or thought shouldn’t keep me out. I was told that after two years, I could reenlist, but that is a lie, I can’t reenlist at all.”
3. The applicant did not provide any evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of error which occurred on
12 March 1999. The application submitted in this case is dated 11 April 2003.
2. 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. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of Military Records (ABCMR) should commence on the date of final action by the ADRB. In complying with this decision, the ABCMR has adopted the broader policy of calculating the 3-year time limit from the date of exhaustion in any case where a lower level administrative remedy is utilized.
3. On 12 November 1997 he enlisted in the Regular Army for 5 years. He completed the training requirements and was awarded Military Occupational Specialty (MOS) 95B (Military Police). He was advanced to pay grade E-2.
4. On 24 July 1998, the applicant was the subject of a urinalysis which tested positive for marijuana.
5. On 6 August 1998, the applicant underwent a medical examination and was cleared for administrative separation.
6. On 27 October 1998, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for wrongfully using marijuana. His punishment consisted of reduction to the grade of E-1; forfeiture of $463.00 per month for two months; to perform extra duty for 45 days and
45 days restriction (suspended to be automatically remitted if not vacated before
25 April 1999). He did not appeal the punishment.
7. On 14 December 1998, the applicant was notified of his pending separation under the provisions of Army Regulation 635-200, Chapter 14 (Misconduct of a Serious Offense). He signed a statement, in which he indicated that he had been counseled and advised of the basis for the recommended separation action. He also elected not to submit a statement on his own behalf.
8. On 5 January 1999, the applicant’s unit commander initiated a recommendation to discharge him from the service under the provisions of Army Regulation 635-200, Chapter 14 and recommended separation with a general discharge.
9. On 25 January 1999, the intermediate commander concurred with the recommendation for separation.
10. On 27 January 1999, the separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-200, Chapter 14 and directed that he applicant be furnished a general discharge.
11. On 12 March 1999, the applicant was discharged with a general discharge under the provisions of Army Regulation 635-200, Chapter 14, for misconduct. He was assigned a Separation Program Designator (SPD) of JKK. He served 1 year, 4 months and 1 day of total active federal service.
12. On 24 July 2002, the Army Discharge Review Board ( ADRB) granted partial relief in the form of upgrading the applicant’s general discharge to fully honorable. However, the ADRB concluded that the applicant was properly assigned a RE code of RE-4.
13. 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 and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.
14. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. RE-4 designates a disqualification which is not waivable.
15. The United States Army Recruiting Command (USAREC) publishes a list of SPD’s which is cross referenced with RE codes. At the time of the applicant’s separation, SPD JKK was listed as a nonwaiverable disqualification for reenlistment.
DISCUSSION AND CONCLUSIONS:
1. Since the ADRB considered and denied the applicant’s case on 24 July 2002, he has filed his application within the Board’s statute of limitations.
2. The USAREC cross reference list shows that the applicant’s SPD warranted the assignment of an RE-4 code. As such, he was properly assigned an RE-4.
3. While the applicant may not believe that the actions which led to his discharge warranted a permanent bar to military service, the Army had decided at the time of his separation that it did not want soldiers separated due to misconduct, commission of a serious offense, to be allowed to reenter the Army.
4. The use of illegal drugs is certainly a serious offense. The seriousness of the offense is compounded by the fact that the applicant’s military occupational specialty was military police.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
___wtm__ ___kyf___ ___rvo__ DENY APPLICATION
| CASE ID | AR2003089875 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030729 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2010 | 20100027060
It states, in pertinent part, that the SPD code JKK is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct. As such, evidence shows he was properly discharged and his separation code was administratively correct and in conformance with applicable regulations at the time of his separation. There is no evidence in the available record and the applicant provided no evidence that shows irregularity...
ARMY | BCMR | CY2008 | 20080012258
IN THE CASE OF: BOARD DATE: 9 December 2008 DOCKET NUMBER: AR20080012258 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 27 December 2007, the ADRB voted to upgrade his characterization of service to "Honorable," based on the applicant's overall length and quality of service and the time that elapsed since his discharge. Evidence of record shows that the applicant was separated from the service for misconduct (commission of a serious offense) under the provisions of Army Regulation...
ARMY | BCMR | CY2009 | 20090007906
Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in pertinent part, provides 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. Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized. There is no evidence in the applicant's military personnel records that shows he applied for a waiver of...
ARMY | BCMR | CY2012 | 20120009646
A review of the applicants 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. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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...
ARMY | BCMR | CY2009 | 20090007100
On 30 July 2002, the applicants immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations) for misconduct citing his wrongful use of cocaine. On 13 October 2006, the ADRB granted the applicant relief in the form of an upgrade of his discharge to fully honorable. The "JKK" SPD code is the correct code for Soldiers separating under chapter 14-12(c) of Army...
ARMY | BCMR | CY2009 | 20090011054
On 3 August 2006, a mental status evaluation was conducted on the applicant who was being considered for discharge under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 14, because of misconduct. The DD Form 214 also shows that his character of service was general, under honorable conditions; the separation authority was Army Regulation 635-200, paragraph 14-12c (2); the separation code was "JKK"; his RE code was...
ARMY | BCMR | CY2014 | 20140012082
The applicant requests his reentry code (RE code) "4" be changed to RE "3" so he can reenter the service. The applicant states his RE code was changed from "3" to "4" by the Army Discharge Review Board (ADRB). On 11 April 2014, he was notified that the ADRB denied his request for an upgrade of his discharge.
ARMY | BCMR | CY2008 | 20080013714
Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides, in pertinent part, 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. There is no evidence in the applicant's military service records that shows he applied for a waiver of his RE Code to reenter the U.S. Army and/or that his request was denied. The evidence of record shows the RE Code that the applicant...
ARMY | BCMR | CY2006 | 20060015213
The applicant requests, in effect, correction of her Reentry Eligibility (RE) Code. On 29 April 1998, the colonel serving as Commander, Operations Group, Combat Maneuver Training Center (Germany), approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 14-12c, and, in pertinent part, directed she receive a General (Under Honorable Conditions) Discharge Certificate. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides, in...
ARMY | BCMR | CY2015 | 20150001108
On 2 April 2013, the applicant's company commander notified him she intended to initiate separation action under the provisions of paragraph 14-12c(2) (Commission of a serious offense - abuse of illegal drugs), Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). The applicant provides: a. The applicant requests his RE code be changed from RE-4 to RE-1 so that he can reenter the Army.