RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
  


	BOARD DATE:	  20 December 2007
	DOCKET NUMBER:  AR20070011474 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Jerome L. Pionk

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 that her records be corrected by upgrading her reentry code (RE Code) from RE-4 to RE-2 (or any RE code that would allow her to rejoin the Army.)

2.  The applicant states, in effect, that she wants a chance to serve her country again by rejoining the Army.  She realizes she had made a mistake in the past but states that she has been a civilian spouse for almost four years and has become a better person by going to college and has matured overall.

3.  The applicant provided a copy of her DD Form 214 (Certificate of Release or Discharge from Active duty), dated 25 September 2003; a copy of her unofficial college transcripts, dated 29 June 2007; an undated character reference letter; and a copy of the Review Board Agency, St. Louis, Missouri, Letter, dated 8 March 2005, upgrading her discharge to honorable, in support of her request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that the she enlisted in the Regular Army on 12 November 1998.  She completed basic combat and advanced individual training and was awarded military occupational specialty 62E (Heavy Construction Equipment Operator).  The highest rank she attained during her military service was specialist four/E-4.

2.  The applicant’s records show that during her tenure on active duty, she was awarded the Army Service Ribbon, the Army Achievement Medal, the Good Conduct Medal, and the National Defense Service Medal.  The applicant's records do not show any significant acts of valor during her military service.

3.  On 19 February 2002, the applicant reenlisted in the Regular Army for four years under the Army Training Reenlistment Option, MOS 91X (Mental Health Specialist).  She arrived at Fort Sam Houston, Texas, for training on 1 October 2002.  

4  The applicant’s records show, while undergoing training at Fort Sam Houston, she tested positive for cocaine, an illegal drug, during a command directed urinalysis between on or about 6 March 2003 and on or about 11 March 2003.  She was subsequently dropped from the 91X MOS producing course and upon return to her parent organization at Fort Rucker, Alabama, she was enrolled in the Army Substance Abuse Program. 

5.  On 11 August 2003, the applicant accepted nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for wrongfully using cocaine between on or about 6 March 2003 and on or about 11 March 2003.  Her punishment consisted of reduction to private first class (PFC)/E-3 and forfeiture of $764 pay for two months (suspended until 6 February 2004). 

6.  On 3 September 2003, the applicant’s immediate commander notified her of his intent to initiate separation action against her in accordance with paragraph 12-14c of Army Regulation 635-200 (Personnel Separations), for misconduct, commission of a serious offense.

7.  On 3 September 2003, the applicant acknowledged receipt of the separation memorandum, consulted with legal counsel, and was advised of the basis for the contemplated separation for misconduct, the type of discharge and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to her.

8.  On an unknown date in September 2003, the applicant’s immediate commander recommended approval of the applicant’s discharge in accordance with paragraph 14-12(b) of Army Regulation 635-200.  He stated that the applicant had demonstrated no potential to be a productive Soldier and that all efforts to rehabilitate her failed.  

9.  On 10 September 2003, the applicant’s intermediate commander recommended approval of the applicant’s discharge in accordance with paragraph 14-12(c) of Army Regulation 635-200.  He further recommended a general discharge under honorable conditions.

10.  On 22 September 2003, the separation authority approved the applicant’s discharge under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct/commission of a serious offense, and directed the applicant be furnished a general discharge under honorable conditions.  The DD Form 214 she was issued confirms she was separated on 25 September 2003 with a general discharge under honorable conditions.  This form further confirms that she completed a total of 4 years, 10 months, and 14 days of creditable active military service.

11.  On 8 March 2005, the Army Discharge Review Board (ADRB) reviewed and approved the applicant's request for an upgrade of her characterization of service from "Under Honorable Conditions-General" to "Honorable."   The ADRB elected not to amend the applicant's Separation Authority, Narrative Reason for Separation, and RE code. 
12.  The applicant submitted her academic college transcripts showing her post- service education and progress at Hopkinsville Community College, Clarksville, Tennessee.

13.  In an undated character reference letter, the author comments on the applicant’s maturity and support to the Family Readiness Group.  

14.  Army Regulation 635-200 set forth the basic authority for the separation of enlisted personnel.  Chapter 14 established policy and prescribed procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct; commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities, and desertion or absence without leave.  Action would be taken to separate a member for misconduct when it was clearly established that rehabilitation was impracticable or was unlikely to succeed. Paragraph 14-12(c) prescribes the conditions that subject Soldiers to discharge for misconduct.  It states that Soldiers are subject to action per this paragraph for commission of a serious offense.  Commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual of Courts- Martial (MCM).  The separation reason in all separations authorized by this paragraph will be “misconduct-abuse of illegal drugs.”  A discharge under other than honorable conditions was 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.  

15.  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 (Regular Army and Army Reserve Enlistment Program), 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 Regular Army RE codes:





	a.  RE–1 applies to persons completing their term of service who are considered qualified to reenter the Army.

	b.  RE-2 is not used. 

	c.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

	d.  RE-4 applies to individuals separated from last period of service with a nonwaiverable disqualification.  This includes anyone with a Department of the Army imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years of active federal service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her RE code, currently RE-4, should be changed to an RE code that allows her to re-join the Army. 

2.  The evidence confirms that the applicant’s RE code was assigned based on the fact that she was separated under the provisions of chapter 14, Army Regulation 635-200, for misconduct, commission of a serious offense.  She received the appropriate RE code associated with her discharge.

3.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__rtd___  __jrm___  __jlp___  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.




							Richard T. Dunbar
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011474
SUFFIX

RECON

DATE BOARDED
20071220
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0300
2.

3.

4.

5.

6.