RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 September 2005
DOCKET NUMBER: AR20040010928
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 |
| |Mr. Robert J. McGowan | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Bernard P. Ingold | |Member |
| |Mr. Michael J. Flynn | |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 his reentry (RE) code be changed from "4" to
"1." In effect, he is requesting a change in the narrative reason for
separation.
2. The applicant states, in effect, he liked the Army, but fell in with a
bad crowd after completing his training. He used marijuana and was caught
on a random drug screen. He regrets his actions and would like his RE code
changed so he may reenter the military and serve his country.
3. The applicant provides a personal statement, his DD Form 214
(Certificate of Release or Discharge From Active Duty), and five letters of
support.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army for 4 years on 21 August
2002. He was trained in military occupational specialty (MOS) 51B
(Carpentry/Masonry Specialist) and transferred to Fort Richardson, Alaska
for assignment to Company C, 84th Engineer Battalion. He arrived in Alaska
in February 2003.
2. On 9 May 2003, the applicant was command-referred to the Alcohol and
Drug Abuse Prevention Training Program (ADAPT). On 20 May and 1 April
2003, he tested positive for marijuana during urinalysis testing.
3. On 2 June 2003, the applicant received field grade nonjudicial
punishment (NJP) under Article 15, Uniform Code of Military Justice for
possession of marijuana on 11 April 2003.
4. On 6 July 2003, the applicant was notified by his unit commander that
he was being processed for elimination with a General Discharge (GD) under
the provisions of chapter 14, Army Regulation (AR) 635-200 for commission
of a serious offense. After consulting with legal counsel and having the
elimination process and his rights explained to him, he acknowledged
notification and elected not to make a statement.
5. On 1 August 2003, the applicant's intermediate commander concurred in
the recommendation and forwarded the elimination action to the approving
authority. The approving authority approved the elimination and directed
the applicant be issued a GD.
6. On 20 August 2003, the applicant was separated with a GD under the
provisions of chapter 14, AR 635-200 for misconduct. He was given a
separation code of "JKK" and an RE code of "4."
7. AR 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, which includes abuse of illegal drugs, convictions by
civil authorities, desertion or absence without leave. Action will be
taken to separate a member for misconduct upon discovery of a drug offense.
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. AR 601-210 covers eligibility
criteria, policies and procedures for enlistment and processing into the
Army. Chapter 3 prescribes basic eligibility for prior service applicants
for enlistment, and includes a list of Armed Forces RE codes. RE-4 applies
to individuals who are ineligible to reenter the Army. Persons discharged
for misconduct are given RE codes of "4."
DISCUSSION AND CONCLUSIONS:
1. The applicant, by violating the Army's policy not to possess or use
illegal drugs, compromised the trust and confidence placed in him by the
Army. The applicant, as a Soldier, had the duty to support and abide by
the Army's drug policies. By abusing illegal drugs, he knowingly risked
his military career and diminished the quality of his service below that
meriting a fully honorable discharge.
2. The applicant’s discharge proceedings were conducted in accordance with
law and regulations. The character of the discharge is appropriate because
the quality of service was not consistent with the Army's standards for
acceptable personal conduct and performance of duty by military personnel.
The applicant's letters of support do not mitigate his misconduct.
3. The applicant's narrative reason for discharge and his RE code are both
correct and appropriate. There is no error or injustice.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jea___ __bpi___ __mjf___ 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.
James E. Anderholm
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040010928 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050922 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0300 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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