RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 September 2007
	DOCKET NUMBER:  AR20070004222 


	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 Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Larry C. Bergquist

Chairperson

Ms. Marla J. N. Troup

Member

Ms. Ernestine Fields

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 her reentry (RE) Code be change from "RE 4" to a more favorable code.

2.  The applicant states, in effect, that she made a huge mistake and would like to reenter the Army and serve her country again and this time do it right.

3.  The applicant provides a copy of her ADRB (Army Discharge Review Board) proceedings and a copy of her DD Form 214 in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted in the Regular Army on 6 May 2004.  The applicant successfully completed basic combat training at Fort Jackson, South Carolina, and advanced individual training at Fort Bliss, Texas.  On completion of her advanced training, she was awarded the military occupational specialty (MOS), 14T, Patriot Launching Station Enhanced Operator/Maintainer.  She was advanced to pay grade E-3 on 1 March 2005.

2.  On 10 March 2006, the applicant was punished under Article 15, UCMJ, for wrongful use of ecstasy (MDMA [3, 4-Methylenedioxy Methamphetamine]), a schedule one controlled substance, on or about 1 January 2006 and 4 January 2006.  Her punishment consisted of a reduction to pay grade E-1, a forfeiture of pay, and 45 days extra duty and restriction.

3.  On 24 April 2006, the applicant's commander advised the applicant she was taking action to separate her from the service under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c, for misconduct-commission of a serious offense.  She based her recommendation on her wrongful use of ecstasy (MDHA).  The commander informed the applicant that her recommendation would be submitted to the Commander, United States Army Garrison, Hessen, who would make the final decision in her case.  She also informed her that she was recommending that she receive a general discharge, under honorable conditions. 

4.  After consulting with counsel, the applicant waived her rights and elected not to submit a statement in her own behalf.

5.  On an unknown date, the applicant's commander recommended that she be separated from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, misconduct-commission of a serious offense.  
6.  The separation authority, a colonel, approved the recommendation for the applicant's discharge on 16 May 2006 and directed that she be issued a general discharge.  

7.  The applicant was discharged on 27 May 2006, under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c(2), for misconduct-drug abuse.   She had completed 2 years and 22 days of creditable service.

8.  Item 27 (Reenlistment Code) of the applicant’s DD Form 214 shows the entry "4," item 26 (Separation Code) shows the entry, "JKK," and the narrative reason for separation entered on his discharge certificate was misconduct, drug abuse.

9.  The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of her general discharge on 15 August 2006.  The ADRB noted that the unit commander used "Board Procedures" when notifying the applicant that she was initiating action to separate her under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct.  By using the "Board Procedures" the authority for approval of the applicant's separation rested with the general court-martial convening authority (GCMCA).  The evidence shows that her approval proceedings were signed by a Colonel, someone other than the GCMCA.  In view of this action, the ADRB determined that her discharge was and is improper.  Accordingly, the ADRB voted to grant full relief in the form of an upgrade of characterization of service to fully honorable and to change the narrative reason for separation to Secretarial Authority.  This action did not entail a change to the RE Code.  She was informed that a new separation document would be prepared.  

10.  The applicant’s records revealed no additional derogatory information.  

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Section III of the regulation pertains to authority to order and accomplish separation.  Paragraph 1-19 covers the authority to order separation prior to expiration of term of service (ETS).  Subparagraph 1-19c states, in pertinent part, that commanders who are special court-martial convening authorities are authorized to order the separation or release from AD or ADT, under chapter 14, when discharge under other than honorable conditions is not warranted and the notification procedure is used.  An honorable discharge may be ordered only when the commander exercising general court-martial jurisdiction has authorized the exercise of separation authority in the case.

12.  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, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.  Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of regulation.

13.  Paragraph 14-12c(2) provides for the separation of Soldiers for commission of a serious offense such as the abuse of illegal drugs

14.  Paragraph 5-3 of Army Regulation 635-200 pertains to the separation of enlisted personnel for the convenience of the government.  It states, in pertinent part, that the separation of enlisted personnel is the prerogative of the Secretary of the Army and will be effected only by his authority.  Except as delegated by these regulations or by special Department of the Army directives, the discharge or release of any enlisted member of the Army for the convenience of the government will be at the Secretary’s discretion and with the type of discharge as determined by him.  Such authority may be given either in an individual case or by an order applicable to all cases specified in such order.

15.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry 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.  This chapter includes a list of Armed Forces reentry codes, including RA RE codes.

16.  RE-4 applies to persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualification such as misconduct.

17.  RE-1 applies to persons completing their service and who are considered qualified to reenter the Army.

18.  Army Regulation 635-5-1, in effect at that time, prescribed 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 separation program designator (SPD) "JKK", as shown on the applicant’s DD Form 214, is appropriate for discharge when the narrative reason for discharge is "misconduct, commission of a serious offense, abuse of illegal drugs" and the authority for discharge under this SPD is "Army Regulation 635-200, chapter 14, paragraph 14-12c(2)."  The SPD code of "JFF" is appropriate for involuntary release from active duty when the narrative reason for separation is "Secretarial authority" and the authority under for discharge under this SPD is "Army Regulation 635-200, paragraph 5-3."

19.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  The Soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of "JKK" has a corresponding RE code of "4" that is determined by appropriate authorities directing the change.  The SPD code of "JFF" has a corresponding RE code of "TBD" (to be determined) which is determined by the HQDA (Headquarters, Department of the Army) directive authorizing the separation program, or specific separation will provided the RE Code.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, for misconduct-drug abuse, for wrongful use of ecstasy (MDMA), and was issued a general discharge, under honorable conditions.

2.  The separation code of "JKK" and RE Code of "4" were entered in their appropriate spaces on the DD Form 214 and the narrative reason for her discharge was shown to be, "misconduct, drug abuse."

3.  The evidence shows that the applicant applied to the ADRB for an upgrade of her discharge.  The ADRB determined that her discharge was and is improper.  The ADRB voted to grant full relief in the form of an upgrade of characterization of service to fully honorable and to change the narrative reason for separation to Secretarial Authority on 19 March 2007.  This action did not entail a change to the RE Code.  She was issued a new separation document.
4.  The applicant is now requesting that her RE Code of RE "4" be changed to a more favorable code to allow her to reenlist; her RE Code of RE "4" prevents her from reenlisting.  

5.  A review of the applicant's file failed to reveal any additional derogatory information, other than her misconduct, for wrongful use of ecstasy.  

6.  In the interest of justice and equity and based on the actions of the ADRB, which granted her full relief, it would now be appropriate to change her RE Code to a more favorable code of RE "1," to coincide with her SPD Code of "JFF," in order to allow her to reenlist and serve her country again.  Therefore, the Board recommends that the applicant's records be corrected to show a reentry code of "1" in item 27 (Reentry Code), of her DD Form 214. 

BOARD VOTE:

___LB___  __E.F. __  __T_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing a reentry code of "1" in item 27 (Reentry Code), of her DD Form 214.




_____Larry Bergquist________
          CHAIRPERSON




INDEX

CASE ID
AR20070003748
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070911
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20060527
DISCHARGE AUTHORITY
AR 635-200, CHAPT 14
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
108
2.

3.

4.

5.

6.