RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            11 January 2007
      DOCKET NUMBER:   AR20060008393


      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. Bernard Ingold                |     |Chairperson          |
|     |Mr. Ronald Gant                   |     |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 Reentry (RE) Code be changed to a code
that will allow him to enlist in the Army.

2.  The applicant states, in effect, that he was unjustly discharged and
given a RE Code of “3” because he was arrested by civil authorities for
suspicion of driving under the influence (DUI), while on Christmas leave.
He goes on to state that he informed his commander upon his return that he
was going to plead not guilty to the charge and to demand a trial by jury
so he could prove his innocence. However, his commander chose to gather
evidence and rule him guilty and discharge him before he was even tried by
civil authorities.  He continues by stating that he has always wanted to be
in the Army and his commander discharged him for something he did not do
and was not given the opportunity to prove his innocence before he was
discharged.

3.  The applicant provides a self-authored statement, a copy of his report
of separation (DD Form 214), a letter from his grandfather and a copy of
the memorandum for record sent by his commander to California law
enforcement officials requesting documents related to his arrest.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 8 May 1987 and enlisted in the Regular Army
in Los Angeles, California on 4 October 2005 for a period of 5 years,
training as a military policeman and a cash enlistment bonus.  At the time
of his enlistment he indicated that he had never used drugs.

2.  He was transferred to Fort Leonard Wood, Missouri, to undergo his
    one-station unit training (OSUT).

3.  The applicant was counseled on 20 October 2005 by his drill sergeant
for lying about opening meals ready to eat (MREs) that were in the back of
a truck in order to find candy.  He initially denied having anything to do
with the incident and then finally admitted to it.  On 30 October 2005, he
was again counseled about lying to the drill sergeant about smoking (a
prohibited practice) and violating the commander’s policy and shopping at
an off-limits facility.  He was again counseled on 14 December regarding
his failure of the Army Physical Fitness Test (APFT).

4.  On 21 December 2005, while on Christmas Exodus leave, the applicant was
stopped at a DUI checkpoint in Hesperia, California.  The applicant was the
driver of the vehicle and it contained his younger (juvenile) brother as a
passenger.  Both the applicant and his brother displayed signs of being
under the influence and as such were required to undergo sobriety tests,
blood tests and searches of their bodies and vehicle.

5.  The applicant’s brother was found in possession of a glass pipe,
commonly used in smoking methamphetamine and a metal pipe commonly used in
smoking marijuana as well as a small bag of marijuana.  His brother
admitted that the metal pipe and marijuana were his and that the glass pipe
belonged to him and his brother (the applicant) and that they had just
bought it a few hours ago.  He also admitted that he and the applicant had
smoked methamphetamine approximately 4 or 5 hours ago and that it had been
about a week since he had smoked marijuana.

6.  The applicant was arrested and issued a citation and transported to the
Victor Valley Jail.  His brother was released to his mother as a juvenile
and his mother was issued a citation.  The applicant’s blood test tested
positive for amphetamines.

7.  On 11 January 2006, the applicant’s commander requested copies of the
documents related to the applicant’s arrest and drug test results.
California law enforcement officials provided the information as requested.

8.  On 14 February 2006, the applicant was informed by his commander that
his blood test results had tested positive for amphetamines and that he was
being recommended for separation from the service under the provisions of
Army Regulation 635-200, chapter 14, for misconduct.

9.  The applicant was referred to the Army Substance Abuse Program (ASAP)
for evaluation on 13 March 2006.

10.  On 13 March 2006, the applicant underwent a separation medical
examination and he indicated in his medical history that he had smoked
“pot” a couple of times when he was younger.  He also underwent a mental
status evaluation and was cleared for separation.

11.  The applicant’s commander initiated action to separate him from the
service on 21 March 2006, under the provisions of Army Regulation 635-200,
chapter 14, for misconduct – commission of a serious offense.  After being
advised of his rights, the applicant waived all of his rights, to include
the opportunity to consult with counsel.  He also declined the opportunity
to submit a statement in his own behalf.
12.  The appropriate authority approved the recommendation for discharge on
22 March 2006 and directed that the applicant be issued an uncharacterized
entry-level separation.

13.  Accordingly, he was discharged on 24 March 2006 under the provisions
of Army Regulation 635-200, chapter 14 for misconduct – commission of a
serious offense.  He had served 5 months and 21 days of total active
service and his service was uncharacterized.  He was issued a Separation
Code of “JKQ” and a RE Code of “3”.

14.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
procedures for separating personnel for misconduct.  Specific categories
included minor infractions, a pattern of misconduct, involvement in
frequent incidents of a discreditable nature with civil and military
authorities, and commission of a serious offense.  A discharge under other
than honorable conditions is normally considered appropriate.  However,
personnel who are in an entry-level status and have 180 days or less of
active service will receive an uncharacterized separation.

15.  Army Regulation 601-210 provides the guidance for the issuance of RE
Codes upon separation from active duty.  It states, in pertinent part, that
these codes are not to be considered derogatory in nature, they are simply
codes that are used for identification of an enlistment processing
procedure.

16.  RE-3 applies to persons who are not considered fully qualified for
reentry or continuous service at time of separation, but the
disqualification is waivable.  Enlisted personnel separated with a
Separation Code of “JKQ” will be issued a RE Code of “3”.

17.  Army Regulation 635-5-1 provides the separation codes to be entered on
the DD Form 214 at the time of separation.  It provides that the Separation
Code of “JKQ” will be issued for separation accomplished under the
provisions of  Army Regulation 635-200, paragraph 14-12c, for commission of
a serious offense.

 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 that 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.  Accordingly, the type of discharge directed and the reasons therefore
were appropriate considering all of the available facts of the case.

4.  The applicant’s contention that he was unjustly discharged before he
was tried by civil authorities has been noted and found to be without
merit.  The applicant was discharged because he tested positive for drug
use and he has failed to show through the evidence submitted or the
evidence of record that the drug test was not valid.

5.  It is also noted that the applicant denied any drug use at the time of
his enlistment; however, while undergoing his separation physical, he
admitted to using drugs several times during his younger years, which goes
to the applicant’s credibility.  This is especially true given that he was
counseled at least twice during his training regarding his integrity.  It
is further noted that he made no attempt to assert his innocence during the
separation process.

6.  While the applicant is not precluded from applying for a waiver at his
nearest recruiting office, his DD Form 214 issued at the time of his
discharge correctly reflects the RE Code that was applicable to his
discharge at the time and the applicant has failed to show otherwise.

7.  Therefore, lacking evidence to show that the positive results of his
blood test were flawed, there appears to be no basis to grant his request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__BI ____  __RG  __  ___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.





                                  _____ Bernard Ingold________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008393                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|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                  |4/re cODE                               |
|1.100.0300              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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