RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 December 2007
      DOCKET NUMBER:  AR20070010243


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Ms. Sherry J. Stone               |     |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, a change to his reentry (RE) code.


2.  The applicant states, in effect, that it is unfair that he not be
allowed to prove himself simply because he made a judgment error.  He
states that he wants a chance to fix his mistakes.

3.  The applicant provides a Congressional Inquiry in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 13 September 2005.  He was trained in and awarded
military occupational specialty (MOS) 13F (Fire Support Specialist), and
private/E-2 (PV2) is the highest rank he attained while serving on active
duty.

2.  The applicant's record shows that during his active duty tenure, he
earned the National Defense Service Medal, Global War on Terrorism Service
Medal, Army Service Ribbon, and the Parachutist Badge.  His record
documents no acts of valor, significant achievement or service warranting
special recognition.

3.  The applicant's disciplinary history includes his acceptance of non-
judicial punishment (NJP) under the provisions of Article 15 of the Uniform
Code of Military Justice (UCMJ) on two separate occasions.

4.  On 25 May 2006, the applicant accepted NJP for the wrongful use of
marijuana.  His punishment for this offense was a forfeiture of $637.00 per
month for 2 months and 45 days of restriction and extra duty.

5.  On 28 June 2006, the applicant accepted NJP for the wrongful use of
marijuana and cocaine.  His punishment for these offenses was a forfeiture
of $637.00 per month for 2 months and 45 days of restriction and extra
duty.

6.  On 31 July 2006, his unit commander notified the applicant that he was
initiating action to separate him under the provisions of Paragraph 14-12c,
Army Regulation 635-200, by reason of misconduct-commission of a serious
offense (drug abuse).  The unit commander cited the applicant's wrongful
use of marijuana on two separate occasions and his wrongful use of cocaine
as the basis for taking the action.  The unit commander informed the
applicant that he was recommending he receive a general, under honorable
conditions discharge (GD).
7.  On 1 August 2006, the applicant consulted with legal counsel and was
advised of the basis for the contemplated separation action and its
effects, the rights available to him and of the effect of a waiver of those
rights.  Subsequent to this counseling, the applicant elected not to submit
a statement in his own behalf.

8.  On 2 August 2006, the separation authority approved the applicant's
separation and directed he receive a GD.  On 18 August 2006, the applicant
was discharged accordingly.  The separation document (DD Form 214) issued
to the applicant at the time shows that he was separated under the
provisions of Paragraph 14-12c, Army Regulation 635-200, by reason of
misconduct
(drug abuse).  It also shows that based on the authority and reason for his
discharge, he was assigned a Separation Program Designator (SPD) code of
JKK in Item 26 (Separation Code) and an RE code of 4 in Item 27 (Reentry
Code).  The DD Form 214 further confirms that at the time of his discharge,
he held the rank of PV1 and he had completed a total of 11 months and 8
days of active military service.

9.  Army Regulation 601-210 covers eligibility criteria, policies, and
procedures for enlistment and processing into the Regular Army (RA) and the
United States Army Reserve (USAR).  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 have a nonwaivable disqualification.

10.  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.  It states, in
pertinent part, that the SPD code JKK is the appropriate code to assign to
Soldiers separated under the provisions of Paragraph 14-12c, by reason of
commission of a serious offense (drug abuse).  The SPD/RE Code Cross
Reference Table indicates that RE-4 is the proper code to assign members
separated with SPD code JKK.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change to his RE code was carefully
considered. However, by regulation, RE-4 is the proper reentry code to
assign members separated under the provisions of Paragraph 14-12c, Army
Regulation 635-200, by reason of misconduct (drug abuse), who are assigned
an SPD code of JKK.

2.  The evidence of record confirms the applicant was separated under the
provisions of Paragraph 14-12c, Army Regulation 635-200, by reason of
misconduct-commission of a serious offense (drug abuse) based on his
wrongful use of marijuana on two separate occasions and his wrongful use of
cocaine.  It also shows that based on the authority and reason for his
discharge, he was appropriately assigned an SPD code of JKK.  Therefore,
the RE-4 code he was assigned at the time of his discharge was and remains
valid.  Given his unremarkable record of service and his multiple
infractions of use of illegal drugs, there is an insufficient evidentiary
basis to support a change to his RE code at this time.

3.  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

__WDP__  __MJF __  __SJS __  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                 |AR20070010243                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/11                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |2006/08/18                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Misconduct (drug abuse)                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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