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ARMY | BCMR | CY2007 | 20070000234
Original file (20070000234.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 June 2007
	DOCKET NUMBER:  AR20070000234 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Mr. Frank C. Jones II

Member

Mr. Qawiy A. Sabree

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 eligibility (RE) code of  
RE-4 be upgraded to RE-3.

2.  The applicant states, in effect, he originally received a general discharge and he was told he wasn't supposed to receive it.  He is currently in the process of entering the Army National Guard, so he needs his RE-4 upgraded.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant military records show that he entered active duty on 29 June 2004.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 63J1P (Quartermaster and Chemical Equipment Repairer).

2.  He received counseling on 28 April 2005 for testing positive for THC during a urinalysis conducted on 7 March 2005.

3.  On 12 May 2005, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for wrongful use of marijuana between 21 February and 7 March 2005.

4.  On 6 June 2005, the applicant's commander recommended his separation under the provisions of Army Regulation 635-200 (Personnel Separation) Chapter 14, paragraph 12c(2).

5.  On 9 June 2005, the applicant acknowledged receipt of the notification for recommendation of separation.

6.  He was advised of the rights available to him and the effects of a discharge under honorable conditions.  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 upgraded.

7.  On 10 June 2005, his commander recommended that he be discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c(2).  On 14 June 2005, the recommendation for separation was approved by the appropriate authority.

8.  On 30 June 2005, the applicant was given an honorable discharge from active duty for misconduct-abuse of illegal drugs.  He was assigned a separation program designator code (SPD) code of JKK and assigned an RE code of RE-4. He had completed 1 year and 2 days of active service.

9.  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 and the US Army Reserve.  Chapter 3 of this 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.  Table 3-1 (U.S. Army reentry eligibility codes), of Army Regulation  
601-210 states that RE-4 applies to persons separated from last period of service with a non-waivable disqualification.

11.  AR 635-5-1 (Separation Program Designated Codes), Table 2-3, states that the SPD code JKK denotes involuntary discharge, misconduct (Drug Abuse).

12.  The Army Human Resources Command publishes a cross-reference of SPD and RE codes.  This cross-reference shows that an SPD code of JKK is assigned an RE code of RE-4.

13.  Army Regulation 635-200 (Personnel Separations) 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.  Individuals in pay grades E-5 and above must be processed for separation upon discovery of a drug offense.  Those in pay grades below E-5 may also be processed after a first drug offense and must be processed for separation after a second offense.  The issuance of a discharge under other than honorable conditions is normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his RE code RE-4 be upgraded to RE-3, because he would like to reenter the Army National Guard.

2.  There is no evidence or indication that there was an error or injustice, which caused the applicant to be discharged for misconduct drug abuse, nor has the applicant contended that there was an error or injustice in his discharge.

3.  Since the applicant was properly discharged, there is no reason to change a correctly assigned RE code.

4.  The applicant states that his original discharge was supposed to be a general discharge and he wasn't supposed to get it, is noted.  However, the applicant was not given a general discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___bje___  ____fcj__  ___qas__  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.




_________Barbara J. Ellis_________
          CHAIRPERSON




INDEX

CASE ID
AR20070000234
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070619
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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