RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001608


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Jennifer Prater               |     |Chairperson          |
|     |Mr. Thomas Pagan                  |     |Member               |
|     |Mr. Kenneth Lapin                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his RE (Reentry) Code of “4” be corrected
to RE-1 or RE-1A in order to permit him to return to military service.

2.  The applicant states that barring him from military service for the
rest of his life is too harsh a punishment.  He states he was discharged
from the Army for failing a urinalysis, in spite of the fact that members
of his chain of command wanted him to stay in the Army.  He states that he
was young and made mistakes and now realizes that his ignorance resulted in
his career in the military being cut short.

3.  The applicant states that he feels burdened by his inability to join
his “brothers in arms” in Iraq and wants nothing more than to finish as
least one term of service in the Army or in the Marines.  He states he
learned many things from his military service and learned values that have
stuck with him.

4.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant enlisted in
the Regular Army for a period of 3 years and entered active duty on 13 June
2002.  He was 18 years old at the time of enlistment, was a high school
graduate, and with one exception, had aptitude scores over 100, including a
GT (general technical) score of 115.

2.  The applicant’s enlistment document indicates that he experimented with
marijuana in January 2002.

3.  He was trained as an infantryman and assigned to Fort Drum, New York.

4.  Documents associated with the applicant’s administrative separation
were not in records available to the Board.  However, his separation
document indicates that he was honorably discharged on 8 August 2003, under
the provisions of Army Regulation 635-200, paragraph 14-12C(2) for
misconduct.  He received an RE Code of “4.”  At the time of his separation
he had 1 year, 1 month, and 26 days of active Federal service.

5.  Army Regulation 635-200, paragraph 14-12c(2) provides for the
administrative separation of Soldiers for the abuse of illegal drugs.
While the regulation does state that all Soldiers against whom charges will
not be referred to a court-martial, or against who separation action will
not be initiated under another provision of Army Regulation 635-200, must
be “processed for separation,” it does state that immediate and
intermediate commanders may recommend retention.  The final decision for
retention or separation, however, rests with the Soldier’s separation
authority, which in this case would have been the applicant’s special court-
martial convening authority.

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 and
processing into the Regular Army (RA) and the US Army Reserve.  That
regulation prescribed basic eligibility for prior service applicants for
enlistment and includes a list of armed forces RE Codes.  RE-4 applies to
individuals who were separated from their last period of service with a non-
waivable disqualification.  Soldiers involuntarily separated under any
provisions of Army Regulation 635-200 are ineligible for reenlistment and
receive an RE-4, including those separated under the provisions of Chapter
14.

7.  Army Regulation 601-210, which establishes the policies and provision
for enlistment in the Regular Army and United States Army Reserve, states
that RE Codes may be changed only if they are determined to be
administratively incorrect.  Individuals who have correct RE Codes may be
processed for a waiver at their request if otherwise qualified and a waiver
is authorized.  No requirement to change a RE Code exists to qualify for
enlistment.  That same regulation notes that a waiver is required for any
applicant or current member of a Reserve Component who was separated or
discharged from any component of the United States Armed Forces for
misconduct, although waiver may not be submitted until a 2-year period has
elapsed since separation or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.  The evidence available indicates that
the applicant was intelligent, and successfully completed training, which
suggests that the applicant was capable of fully honorable service, in
spite of being his youth.  Additionally, it is noted that the applicant had
a previous experience with drugs just months prior to his enlistment in the
Army.

2.  The fact that the applicant has now come to realize the consequence of
his actions and that he may be unable to return to military service has
been noted.  However, neither factor outweighs the seriousness of his
conduct while in the military and does not, in this case, provide an
adequate basis upon which to grant relief as a matter of equity.

3.  The evidence confirms that the applicant’s RE Code was assigned based
on the fact that he was not qualified for continuous service at the time of
his separation.  The applicant’s RE Code is appropriate considering the
basis for his separation, and there is no basis to correct the existing
code.  The fact that he may be unable to return to military service is not
sufficient justification to change the applicant’s RE Code.

4.  In the absence of evidence to the contrary, it is presumed that the
applicant’s discharge was accomplished in accordance with applicable laws
and regulations. He was assigned an appropriate RE Code.

5.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JP  ___  ___TP___  ___KL __  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.





                                  _____ Jennifer Prater_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040001608                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050215                                |
|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.       |144.60                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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