RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 July 2007
      DOCKET NUMBER:  AR20070002108


      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             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. William F. Crain              |     |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, an upgrade of his reentry (RE) code
of RE-4 to allow reenlistment.

2.  The applicant states, in effect, that he would like his reentry code
changed so that he can get back in the Armed Forces.  He further states,
that he understands that he has an Article 15, and that what he did was
wrong, but he still does not believe that he should have been given a RE
Code of 4.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 5 January 2006.  The application submitted in this case is
dated
29 January 2007.

2.  The applicant’s record shows that he initially enlisted in the Regular
Army and entered active duty on 28 August 2002.  He was trained in and
awarded military occupational specialty (MOS) 11B (Infantryman).  The
highest grade he attained was pay grade E-4.

3.  Between 15 April and 28 June 2005, the applicant was counseled on four
different occasions for failure to go to his appointed place of duty, for
missing formation, for driving under the influence of an illegal substance
and for revocation of all driving privileges.

4.  On 28 June 2005, a mental and a physical evaluation cleared the
applicant for any administrative action deemed appropriate.

5.  On 22 July 2005, the applicant accepted nonjudicial punishment (NJP),
for the wrongful possession and the wrongful use of Ecstasy as proven by a
chemical analysis.  His imposed punishment for this offense which included
a reduction to pay grade E-1, and a forfeiture of $617.00 pay per month for
2 months which was suspended, for 2 months.  However, the applicant was to
perform 45 days of extra duty.

6.  On 29 August 2005, the applicant was notified by his unit commander
that separation action was being initiated on him under the provisions of
chapter
14 -12c, Army Regulation 635-200, by reason of Misconduct-Commission of a
Serious Offense, with a discharge under honorable condition.  The reason
for the proposed action was the applicant’s wrongful use of Ecstasy, a
Schedule 1 controlled substance and the applicant’s choice to drive while
under the influence of this drug.

7.  On the same day, the applicant acknowledged receipt of the proposed
action against him and consulted with legal counsel.  He was advised of the
basis for the contemplated separation action, the effects of such a
separation, the rights available to him, and the effect of any action taken
by him in waiving his rights.  Subsequent to receiving this counseling, the
applicant completed his election of rights by waiving his right to have his
case considered by an administrative separation board, and declined to
submit statements in his own behalf.

8.  On 5 January 2006, the applicant was discharged under the provisions of
Army Regulation 635-200, Chapter 14 -12c, (2) by reason of misconduct (Drug
Abuse), with a discharge under honorable conditions (general).  The
separation document (DD Form 214) he was issued at the time confirms that
he held the rank of private/E-1 (PV1), and had completed a total of 3
years, 4 months and
8 days of active military service.  The DD Form 214 also shows that based
on the authority and reason for his separation, he was assigned a
separation program designator (SPD) code of JKK and an RE code of RE-4.

9.  The applicant authenticated his 5 January 2005 DD Form 214 with his
signature in Item 21 (Signature of Member Being Separated).  There is no
indication that he questioned the SPD or RE codes listed on the separation
document at that time.

10.  Army Regulation 635-200 sets forth the policy 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 serious offense, conviction by civil authorities, desertion, or absences
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.  Army policy states that a discharge under other than
honorable conditions is normally considered appropriate, but a general
discharge under honorable conditions or an honorable discharge may be
granted.

11.  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 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 RA RE codes.  RE-4 applies to persons who are permanently
disqualified for continued Army service.

12.  Army Regulation (AR) 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 is the appropriate code to assign Soldiers separated under the
provisions Army Regulation 635-200, chapter 14-12c, by reason of misconduct
(Drug Abuse).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions were carefully considered.  However, by
regulation, the RE-4 code assigned to the applicant was the proper code to
assign members separating under the provisions of Army Regulation 635-200,
Chapter 14-12c for misconduct (Drug Abuse).  As a result, the RE-4 code and
the narrative reason for separation were and still are appropriate.

2.  The evidence of record confirms the applicant’s separation processing
was accomplished in accordance with the applicable regulation.  This
includes the assignment of his SPD and RE codes.  All requirements of law
and regulation were met and the rights of the applicant were protected
throughout the separation process.

3.  RE-4 applies to persons who are permanently disqualified for continued
Army service.

4.  Therefore, 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 this
requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEA__  ___JAM _  ___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.





                                  ___James E. Anderholm___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/07/12                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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