RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 SEPTEMBER 2006
      DOCKET NUMBER:  AR20060001156


      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. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Mr. Edward Montgomery             |     |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 records be corrected by changing his
Reentry (RE) Code from "4" to "3".

2.  The applicant states his Reentry Code was unjust because he was under
distress.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 July 2003, for a period
of
4 years.

2.  On 6 January 2005, he accepted nonjudicial punishment under the
provisions of Article 15, Uniform Code of Military Justice, for the
wrongful use of Ecstasy and marijuana between 14 November and 14 December
2004.  His punishment was reduction to Private E-1, forfeiture of pay,
extra duty and restriction.

3.  On 21 January 2005, a Mental Status Evaluation psychiatrically cleared
the applicant for any administrative action deemed appropriate by the
command.

4.  On 22 February 2005, the applicant was advised by his commander that he
was initiating action to separate him under the provisions of Army
Regulation 635-200, Chapter 14, for commission of a serious crime, with the
issuance of a general under honorable conditions discharge.

5.  On 24 February 2005, the applicant requested a conditional waiver under
the provisions of Army Regulation 635-200, Chapter 14.  He waived
consideration of his case by a board of officers, contingent upon his
receiving a characterization of service no less than a general.  He
acknowledged that he had made his request of his own free will and had not
been subject to any coercion by any person.  He elected not to submit a
statement in his own behalf.

6.  On 25 February 2005, his commander recommended his separation under the
provisions of Army Regulation 635-200, Chapter 14, for the wrongful use of
the drug Ecstasy, with the issuance of a general discharge.

7.  On 3 March 2005, his intermediate commander recommended approval of his
discharge, with the issuance of a general discharge.


8.  On 17 March 2005, the appropriate separation authority approved the
applicant's discharge and directed the issuance of a general discharge.

9.  On 1 April 2005, the applicant was discharge under the provisions of
Army Regulation 635-200, Chapter 14, for misconduct, with a general
discharge.  His DD Form 214 indicates he was assigned the Reentry Code of
"4" and a Separation Code of "JKK."

10.  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, a pattern of misconduct,
commission of a serious offense, conviction by civil authorities, and
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impractical or is unlikely to succeed.

11.  Army Regulation 635-200 also provides in pertinent part that a Soldier
may wish to waive his right to a hearing before an administrative board
contingent upon receiving a characterization of service higher than the
least favorable characterization authorized for the separation reason set
forth in the notice of separation action.  Soldiers electing to request a
conditional waiver will submit a completed Request for Conditional Waiver
to their commander.  Commanders will ensure that a Soldier is not coerced
into waiving his rights to a hearing before an administrative board.

12.  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 United States Army Reserve.
Chapter 3 of that regulation prescribed basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
Codes, including RA RE Codes.

13.  RE-4 applies to individuals who were separated from their last period
of service with a non-waivable disqualification.  Soldiers who were
separated from their term of service with a Department of the Army imposed
bar to reenlistment, in effect, are ineligible for reenlistment and receive
an RE-4.



14.  Army Regulation 635-5-1 states that SPD codes are three-character
alphabetic combinations, which identify reasons for, and types of
separation from active duty. The primary purpose of SPD codes is to provide
statistical accounting of reasons for separation.  They are intended
exclusively for the internal use of DOD and the military services to assist
in the collection and analysis of separation data.  It notes that “JKK” is
the appropriate SPD code for individuals involuntarily separated for
misconduct.

15.  A “cross-reference” table, provided by officials from the U.S. Army
Human Resources Command-Alexandria, confirms that “RE-4” is the appropriate
RE code for individuals who separated with an SPD code of "JKK".

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated from active duty because of misconduct and
as such, was not eligible to reenlist, and received an RE Code of 4.

2.  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 now want to return to military service is not
sufficient justification to change the applicant’s RE Code.

3.  The applicant's contention that he was under distress is not supported
by any evidence of record.  He submitted a request for a conditional
waiver, stating that he had not been coerced, and elected not to submit a
statement in his own behalf, which was his right to do.

4.  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

___MT __  ___CD __  ___EM __  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.




                                  ______Marla Troup_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001156                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060926                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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