RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            28 November 2006
      DOCKET NUMBER:   AR20060006961


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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 be changed from a “4”
to at least a “3” or lower.

2.  The applicant states that he desires to have his RE Code changed to a
code that will allow him to re-enter the military.  He further states that
he was told that he could return after 6 months; however, he now finds that
he cannot do so.

3.  The applicant provides a copy of his report of separation (DD Form
214).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in Tampa, Florida on 22 May 2003 for a period of
3 years and training as an armor crewman.  He completed his one-station
unit training (OSUT) at Fort Knox, Kentucky and was transferred to Fort
Riley, Kansas on 23 September 2003.  He was advanced to the pay grade of E-
2 on 22 November 2003.

2.  On 27 April 2004, nonjudicial punishment (NJP) was imposed against him
for four specifications of failure to go to his place of duty (formation)
and one specification of shooting another Soldier with a CO2 powered
pistol.  His punishment consisted of a reduction to the pay grade of E-1, a
forfeiture of pay, extra duty and restriction.

3.  On 8 June 2004, NJP was imposed against him for the wrongful use of
marijuana.  His punishment consisted of a forfeiture of pay, extra duty and
restriction.

4.  On 21 July 2004, the applicant’s commander notified him that he was
initiating action to separate him from the service under the provisions of
Army Regulation 635-200, paragraph 14-12, for misconduct.  He cited as the
basis for his recommendation, the applicant’s disciplinary record and that
the applicant, along with at least two other Soldiers, had committed
indecent acts with a minor in the barracks.

5.  After being advised of his rights, the applicant declined the
opportunity to consult with counsel.  He waived all of his rights and
declined the opportunity to submit a statement in his own behalf.

6.  The appropriate authority approved the recommendation for discharge and
directed that he be discharged under honorable conditions.
7.  Accordingly, he was discharged under honorable conditions on 16
December 2004, under the provisions of Army Regulation 635-200, paragraph
14-12C(2) for misconduct.  He had served 1 year, 6 months and 25 days of
total active service and was assigned a RE Code of “4”.

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 reason for discharge.  Army Regulation 601-210 covers
eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army (RA) and the USAR.  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.

9.  A RE Code of RE-4 indicates that a person is not qualified for
continued Army service by virtue of being separated from the service with a
nonwaivable disqualification such as commission of serious offenses, which
includes the abuse of illegal drugs.

DISCUSSION AND CONCLUSIONS:

1.  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 the aforementioned requirement.

2.  The applicant’s administrative separation was accomplished in
accordance with applicable regulations with no indication of any violations
of the applicant’s rights.

3.  Notwithstanding the applicant’s contention that he was informed that he
could return after 6 months,  the applicable regulations indicate that he
was properly issued an RE code of “4.”

4.  Inasmuch as the applicant has failed to show through the evidence
submitted or the evidence of record that the RE code issued to him at the
time of his separation was in error or unjust, there appears to be no basis
to grant his request.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JM __  ___SP  __  ___DP   _  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.





                                  _____   John Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006961                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |GD - UHC                                |
|DATE OF DISCHARGE       |20041216                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 14, PARA 14-12C(2)       |
|DISCHARGE REASON        |MISCONDUCT                              |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |4/re code                               |
|100.0300                |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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