RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 April 2007
DOCKET NUMBER: AR20060014744
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Mr. William F. Crain
Member
Mr. Dale E. DeBruler
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, in effect, that his Reentry (RE) Code 4 be changed so that he may reenlist in the Army.
2. The applicant states that what he did was wrong. He further states that other paratroopers did the same thing, but on a more extreme level and almost nothing was done to them; however, he was discharged.
3. The applicant provides a copy of his corrected Certificate of Release or Discharge from Active Duty (DD Form 214).
CONSIDERATION OF EVIDENCE:
1. On 22 April 2004, the applicant enlisted in the Regular Army. He completed his initial training and basic airborne training and was awarded military occupational specialty 11B1P (Infantryman).
2. On 20 June 2006, the applicant was discharged under other than honorable conditions for drug abuse, a serious offense. He had completed 2 years,
1 month and 29 days of creditable active duty. Accordingly, he was given a Separation Program Designator (SPD) Code of JKK and an RE Code of 4.
3. 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, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.
4. Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. RE 4 applies to persons separated from their last period of service with a non-waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
5. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JKK was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for soldiers separating under the provisions of AR 635-200, Chapter 13, for misconduct due to drug use. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 4 as the proper RE code to assign to soldiers for this reason.
6. The SPD/RE Codes Cross-Reference Table provides instruction for determining the RE Code for Active Duty and Reserve Component Soldiers. It provides that SPD Code JKK requires a corresponding RE Code 4.
DISCUSSION AND CONCLUSIONS:
1. The RE Code 4, establishing his ineligibility for enlistment/reenlistment, was correctly entered on his separation document in accordance with governing regulations. There is no evidence of error or injustice.
2. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for the RE Code 4. While the applicants desire to continue in the service to his country is commendable, there are no provisions authorizing the change of an RE Code for this purpose.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___DED_ __WDP__ __WFC__ 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.
__ William D. Powers___
CHAIRPERSON
INDEX
CASE ID
AR20060014744
SUFFIX
RECON
DATE BOARDED
20070426
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
110.0200
2.
3.
4.
5.
6.
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