Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060008058
Original file (20060008058.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060008058 


	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.  



Director



Analyst


The following members, a quorum, were present:



Chairperson


Member


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, his reentry eligibility (RE) code be changed from RE-4 to RE-4a or 3.

2.  The applicant states, in effect, he served for over two years in the Army before he got into trouble.  The applicant further states he served in Iraq and that he would like to reenlist.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of  24 August 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted on 19 February 2003 for a period of 4 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 35A (land combat electronic missile system repair).

2.  The applicant was deployed to Iraq from 17 December 2003 to 28 July 2004 and was awarded the Global War on Terrorism Expeditionary Medal.

3.  On 23 May 2005, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for wrongful use of methylenedlioxymethamphetaimine, commonly known as ecstasy.

4.  On 22 July 2005, the applicant was recommended for separation prior to expiration of his enlistment for commission of a serious offense (use of illegal drugs).

5.  The applicant's complete separation processing package was not available for the Board's review.

6.  On 24 August 2005, the applicant was discharged due to misconduct.  He was assigned a separation program designator code (SPD) code of JKK, and assigned a RE code of RE-4.  

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service.

9.  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 (Regular Army and Army Reserve Enlistment Program) 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 Regular Army RE codes.

10.  RE-3 applies to a person who is not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.

11.  RE-4a applied to a Soldier separated prior to 28 March 1995 and is no longer used.

12.  RE-4 applies to persons separated from last period of service with a non-waivable disqualification.  

13.  Army Regulation 601-210 also provides, in pertinent part, that RE Codes may be changed only if they are determined to be administratively incorrect.  

14.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), then in effect, prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the SPD code “JKK” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Misconduct (Drug Abuse).”

15.  The Separation Program Designator Code SPD/Reentry (RE) Code Cross-Reference Table, dated 31 March 2003, shows that the appropriate RE code for the SPD code of JKK is RE-4.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's separation package was not available it is presumed that the Army's administrative processing of the applicant for discharge is correct. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

2.  In the absence of evidence to the contrary, it is determined that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Further, it is determined that the type of discharge and the reason for separation were appropriate considering all the facts of the case.

3.  The applicant was discharged for misconduct due to drug abuse.  According to Army Regulations in effect at the time, the RE code assigned to the applicant was correct.

4.  In order to justify correction of a military record the applicant must, 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

__wfc____  ____ded_  ____hof_  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.




__________Hubert O. Fry Jr._______
          CHAIRPERSON




INDEX

CASE ID
AR20060008058
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070213
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.


Similar Decisions

  • ARMY | BCMR | CY2009 | 20090003146

    Original file (20090003146.txt) Auto-classification: Denied

    The commander advised the applicant of his right to consult with counsel, submit statements in his own behalf, obtain copies of documents that would be sent to the separation authority supporting the proposed separation, to waive any of these rights, and to withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his separation. On 27 January 2005, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14,...

  • ARMY | BCMR | CY2008 | 20080001257

    Original file (20080001257.txt) Auto-classification: Denied

    He states his discharge was upgraded but his RE code was not changed. The applicant's military personnel record shows he enlisted, at the age of 21, in the Regular Army on 2 August 2000 for a period of 4 years. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), then in effect, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be...

  • ARMY | BCMR | CY2007 | 20070000234

    Original file (20070000234.txt) Auto-classification: Denied

    The applicant requests, in effect, that his reentry eligibility (RE) code of RE-4 be upgraded to RE-3. Also, he was informed that he would be ineligible to apply for enlistment in the United States Army for a period of two years after discharge, and that he may make application to the Army Discharge Review Board or the Army Board for Correction of Military Records for upgrading; however, he acknowledged he realized that an act of consideration by either board does not imply that his...

  • ARMY | BCMR | CY2008 | 20080015085

    Original file (20080015085.txt) Auto-classification: Denied

    On 18 August 2006, the applicant's commander notified him that he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, paragraph 14-12c(2) by reason of wrongful use of cocaine. 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 separation...

  • ARMY | BCMR | CY2008 | 20080016468

    Original file (20080016468.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. Table 3-1 (U.S. Army reentry eligibility codes), of Army Regulation 601-210 states that RE code 4 applies to persons separated from last period of service with a non-waivable disqualification. There is no evidence in the available record, and the applicant has provided no evidence, that shows irregularity in the assignment of his RE code.

  • ARMY | BCMR | CY2007 | 20070016553

    Original file (20070016553.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribed 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. 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...

  • ARMY | BCMR | CY2008 | 20080004376

    Original file (20080004376.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 10 June 2008 DOCKET NUMBER: AR20080004376 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. There is no evidence of record which shows the RE code issued to him was administratively incorrect, in error or unjust.

  • ARMY | BCMR | CY2008 | 20080002275

    Original file (20080002275.txt) Auto-classification: Denied

    While his discharge was upgraded to an honorable discharge, the RE-4 was not upgraded. Also, he was informed that he would be ineligible to apply for enlistment in the United States Army for a period of two years after discharge, and that he may make application to the Army Discharge Review Board or the Army Board for Correction of Military Records for upgrading; however, he acknowledged he realized that an act of consideration by either board does not imply that his discharge would be...

  • ARMY | BCMR | CY2009 | 20090020757

    Original file (20090020757.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). On 3 November 2004, the applicant was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c, for commission of a serious offense (abuse of illegal drugs). The regulation shows that the SPD code of JKK as shown on the applicant's DD Form 214 is appropriate for involuntary discharge when the narrative...

  • ARMY | BCMR | CY2008 | 20080011419

    Original file (20080011419.txt) Auto-classification: Denied

    The applicant states that when she was applying for enlistment, her Army Recruiter told her that her separation document (DD Form 214) had the wrong RE code. She was also informed that she would be ineligible to apply for enlistment in the United States Army for a period of two years after discharge, and that she may make application to the Army Discharge Review Board or the Army Board for Correction of Military Records for upgrading; however, she acknowledged she realized that an act of...