RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050014877


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 (RE) code on his DD Form 214
(Certificate of Release or Discharge from Active Duty) be changed.

2.  The applicant states that he would like his RE-4 code changed to one
that would allow him to reenlist.  He continues that he knows his behavior
while in the Army was terrible; however, all he wants is another chance to
prove that he can be a good Soldier.  He asks the Board to consider that he
was young and foolish and change his RE code.

3.  The applicant provides a self-authored statement and a copy of his DD
Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant entered active duty on 20 September 2004 and
was separated from active duty on 26 April 2005 under the provisions of
paragraph 14-12c (2) of Army Regulation 635-200 (Personnel Separation), for
misconduct (abuse of illegal drugs).  He had completed a total of 6 months,
and
8 days of active military service and had 29 days of time lost due to
absence without leave.  He was attending Advance Individual Training (AIT)
when he was separated.

2.  The separation document DD Form 214 the applicant was issued at the
time of separation shows that based on the narrative reason for separation,
he was assigned a separation program designator (SPD) code of JKK
(Misconduct-Drug Abuse) and an RE code of RE-4.

3.  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 and patterns of
misconduct such as frequent incidents of a discreditable nature with civil
or military authorities, commission of a serious offense, and desertion or
absence without leave.  Action will be taken to separate a member for
misconduct when it is clearly established that rehabilitation is
impracticable or is unlikely to succeed.  A discharge under other than
honorable conditions is normally appropriate for a soldier discharged under
this chapter. 

4.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) covers eligibility criteria, policies and procedures for
enlistment and processing into the 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.  RE 1 and
2 permit immediate reenlistment if all other criteria are met.  RE-3
applies to persons not qualified for continued Army service, but the
disqualification is waivable.  An RE code of 4 indicates separation from
the last period of service with a disqualification which cannot be waived
and ineligibility for reenlistment.

5.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes)
provides the specific authorities (regulatory or directive), reasons for
separating Soldiers from active duty, and the SPD codes to be entered on
the DD Form 214. Additionally, Table 2-3 (SPD/RE Code Cross Reference
Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be
assigned for each SPD. 

6.  A separation code of "JKK" applies to persons who are separated under
the provisions of chapter 14, Army Regulation 635-200.  The SPD/RE Code
Cross Reference Table shows that an RE code of 4 is the applicable RE code
assigned for individuals separated by reason of in lieu of trial by court-
martial.  An RE code of 4 indicates that the applicant was separated from
his last period of service with a disqualification which cannot be waived
and he is ineligible for reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE-4 code should be changed because he
would like to reenlist, and that he was young and foolish at the time of
his misconduct.

2.  The applicant was discharged under the provisions of Army Regulation
635-200, chapter 14, for acts or patterns of misconduct which included
abuse of illegal drugs and absent without leave.

3.  The applicant's discharge was administratively correct and in
conformance with the applicable records.  There is no evidence of
procedural errors that jeopardized his rights.  There is no evidence he was
any less mature than other Soldiers who successfully completed there
enlistment.

4.  The applicant's RE code is based on his reason for discharge and cannot
be changed unless the applicant's narrative reason for discharge is
changed.  In this case, the Board found no basis upon which to change the
applicant's narrative reason for discharge.  Therefore, he is not entitled
to a change in 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 did not submit any evidence that would
satisfy the requirement.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__alr___  __lmd___  __pmt___  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.




                                        Allen L. Raub
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014877                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050725                                |
|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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