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 applicants 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.
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