RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20050017195


      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. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, in effect, that her reentry (RE) code be
changed from RE-4 to an acceptable reenlistment code.

2.  The applicant states, in effect, she was told that after 6 months of
being discharged that she would be able to reenter the U.S Army.  She
states, in effect, that only recently, when she tried to reenter the Army,
she was told that she had to submit an application to this Board.  She
further states, that at the time of her discharge, the reentry codes were
not thoroughly explained to her.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 2 December 1997.  The application submitted in this case
is dated
6 December 2005.

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.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows she enlisted in the Regular Army and
entered active duty on 27 May 1992 for a period of 4 years.  She was
trained in, awarded and served in military occupational specialty (MOS)
92A10 (Automated Logistical Specialist).  On 14 July 1995, the applicant
voluntarily extended her 4 year enlistment to a period of 5 years and 6
months.  On 5 June 1997, the applicant reenlisted in the Army for a period
of 3 years after serving 5 years and 7 days of honorable active service.
The highest rank she attained while serving on active duty was pay grade E-
4.

4.  On 6 October 1997, the applicant was administered a urinalysis as part
of a 100% unit level drug test.  On 14 October 1997, the applicant’s urine
sample tested positive for the presence of Marijuana.

5.  On 20 October 1997, the applicant was administered her rights of which
she waived.  The applicant was advised that she tested positive for the use
of Marijuana.  The applicant admitted that she was guilty to the offense
and was given the opportunity to render a statement.  The applicant was
also informed that any use of illegal substances is considered a serious
offense.

6.  On 17 October 1997, the applicant received a general counseling
statement for three incidents of failure to go at the prescribed time to
her appointed place of duty and for her unsatisfactory performance of duty.


7.  On 28 October 1997, the applicant was examined and was found mentally
and physically competent to withstand a board, for judicial proceedings and
met retention standards.

8.  On 3 November 1997, the applicant accepted nonjudicial punishment for
the wrongful use of Marijuana.  Her imposed punishment was a reduction to
pay grade E-3, a forfeiture of $598.00 pay per month for 2 months, 45 days
restriction and extra duty.

9.  On 7 November 1997, the unit commander notified the applicant that he
was initiating separation action on her under the provisions of chapter 14,
Army Regulation 635-200, by reason of misconduct, with a discharge under
honorable conditions.  The unit commander recommended separation from
service and waived further rehabilitative efforts.  The unit commander
cited the applicant’s illegal use of Marijuana as the basis for the action.
 The intermediate commander reviewed the proposed discharge action and
recommended approval of the separation action with a discharge under
honorable conditions.

10.  On 12 November 1997, the applicant consulted with legal counsel and
was advised of the basis for the contemplated separation action and its
effects, and of the rights available to her.  The applicant acknowledged
that she understood that she may encounter substantial prejudice in
civilian life if a discharge less than honorable was issued to her.  After
being advised of the impact of the discharge action, she waived
consideration, personal appearance, and representation before a board of
officers.  The applicant did not submit a statement in her own behalf.

11.  On 17 November 1997, the separation authority waived further
rehabilitative efforts and directed that the applicant be discharged under
the provisions of Army Regulation 635-200, chapter 14-12c (2), for
misconduct-use of illegal drugs and directed that the applicant’s service
be characterized as general, under honorable conditions.  On 2 December
1997, the applicant was discharged accordingly.

12.  The separation document (DD Form 214) she was issued at the time
confirms she was separated under the provisions of paragraph 14-12c (2),
Army Regulation 635-200, by reason of misconduct after completing a total
of 5 years, 6 months and 6 days of active military service.  This document
also confirms that based on the authority and reason for her separation,
she was assigned a Separation Program Designator (SPD) code of JKK and an
RE code of RE-4.  The applicant authenticated the DD Form 214 with her
signature in Item 21 (Signature of Member Being Separated).  The applicant
during her active duty tenure earned the Army Good Conduct Medal, the Army
Achievement Medal, the National Defense Service Medal, the Southwest Asia
Service Medal, the Army Service Ribbon and the Overseas Service Ribbon.

13.  Army Regulation 635-200 sets forth the policy for the separation of
enlisted personnel.  Chapter 14 establishes policy and prescribes
procedures for separating members because of misconduct.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
commission of a serious offense, conviction by civil authorities, 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.

14.  Army Regulation 635-5-1 identifies the SPD code of JKK, as the
appropriate code to assign members separated under the provisions of
chapter 14, Army Regulation 635-200, by reason of Misconduct.  The SPD/RE
Code Cross Reference Table of the regulation establishes RE-4 as the proper
reentry code to assign soldiers separated under these circumstances.

15.  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.  RE-4 applies to persons who are permanently
disqualified for continued Army service.

16.  There is no indication that the applicant applied to the Army
Discharge Review Board (ADRB) for an upgrade of her discharge within its 15-
year statute of limitations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions were carefully considered.  However, by
regulation, the RE-4 code assigned the applicant was the proper code to
assign members separating for use of illegal drugs.  The SPD code of JKK is
also the appropriate code to assign to Soldiers separated under the
provisions of Army Regulation 635-200, chapter 14-12c(2), for misconduct.
The applicant’s DD Form 214, identifies the reason and characterization of
the applicant’s discharge. The applicant authenticated this document with
her signature on the date of her separation.  Therefore, the RE-4 code and
the narrative reason for separation were and still are appropriate.

2.  The evidence of record confirms the applicant’s separation processing
was accomplished in accordance with the applicable regulation.  This
includes the assignment of her SPD and RE codes.  All requirements of law
and regulation were met and the rights of the applicant were protected
throughout the separation process.

3.  RE-4 applies to persons who are permanently disqualified for continued
Army service.

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

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 December 1997, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
1 December 2000.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JRM___  __SWF _  __RCH__  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                      _Jeanette R. McCants___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/08/24                              |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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