RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050005999


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Mr. Scott Faught                  |     |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 Reentry Eligibility (RE) code be
changed from RE-3 to RE-2 and that he be allowed to reenter the U.S. Army.

2.  The applicant states that he had no prior disciplinary problems and he
feels his punishment was arbitrary and excessive.  He also believes that he
was singled out and made an example of.  He states he was in the unit for
only two weeks and he had no one to speak on his behalf nor was an inquiry
made to his former unit.

3.  The applicant provides a supplementary letter, three letters of support
and his On-Site Drug Screen Record.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 June 2002 for a period
of three years.

2.  The applicant tested positive for cocaine on 29 December 2003.

3.  On 15 January 2004, the applicant accepted nonjudicial punishment under
Article 15, Uniform Code of Military Justice for wrongfully using cocaine
between on or about 22 December 2003 and 29 December 2003.  His punishment
consisted of reduction to E-1, a forfeiture of $597.00 a month for 2
months, 45 days restriction and 45 days extra duty.

4.  On an unknown date, the applicant’s unit commander notified him of
pending separation action under the provisions of Army Regulation 635-200,
paragraph 14-12c for commission of a serious offense.  The unit commander
cited the applicant's illegal use of drugs (cocaine) as the basis for his
proposed separation action.  The applicant was advised of his rights.

5.  On an unknown date, the applicant waived his right to consult with
legal counsel and did not submit statements in his own behalf.

6.  On 23 January 2004, the applicant was psychiatrically cleared for
administrative action deemed appropriate by command.

7.  On 2 March 2004, the separation authority directed that the applicant
be discharged under the provisions of Army Regulation 635-200, chapter 14-
12(c) and directed issuance of a General Discharge Certificate.

8.  The applicant was discharged from active duty on 18 March 2004.  He
completed 1 year, 8 months and 28 days of active military service.  His DD
Form 214 shows he was issued a RE code of RE-3 and a Separation Program
Designator (SPD) of "JKQ" (Misconduct).

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes)
prescribes the specific authorities (regulatory, statutory, or other
directives), the reasons for the separation of members from active military
service, and the SPD codes to be used for these stated reasons.  The
regulation, in effect at the time, shows that the SPD code “JKQ” as shown
on the applicant’s DD Form 214 specifies the narrative reason for
separation as involuntary release or transfer for “Misconduct” and that the
authority for separation under this separation program designator is “AR
635-200, Chapter 14”.  Additionally, the SPD/RE Code Cross Reference Table,
Army Regulation 635-5 (Separation Documents) establishes RE code 3 as the
proper reentry code to assign to Soldiers separated for this reason.

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 and
processing into the Regular Army (RA) and the US 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.  The regulation does not list RE-2 as a valid
RE code.

11.  RE–3 applies to persons not qualified for continued Army service, but
the disqualification is waivable.

12.  Army Regulation 635-200, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  Chapter 14 established
policy and prescribed procedures for separating members for misconduct.
Specific categories include minor disciplinary infractions, a pattern of
misconduct, commission of a serious offense, and convictions by civil
authorities.  Action would be taken to separate a member for misconduct
when it was clearly established that rehabilitation was impracticable or
was unlikely to succeed.  Paragraph 14-12 stated that abuse of illegal
drugs was a serious offense and separation action normally would be based
upon commission of a serious offense.  First time offenders, grades E-1
through E-4 may be processed for separation as appropriate.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated from active duty on 15 April 2004 under the
provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct.

2.  The applicant's DD Form 214 shows he was separated with a separation
code of "JKQ" and was assigned an RE code of RE-3 in accordance with the
governing regulation in effect at the time.

3.  There is no evidence of record which shows the reentry code issued to
him was in error or unjust.  However, the applicant's disqualification for
reentry is waivable under Army enlistment criteria.  If he still desires to
reenter the Army, he can contact his local recruiter to determine if he is
eligible for applying for a waiver under current enlistment criteria.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

RD______  JG______  SF______  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.




                                  Richard Dunbar________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005999                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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