RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 January 2008
DOCKET NUMBER: AR20070011992
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. Jeanne Marie Rowan
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry, Jr
Chairperson
Mr. John T. Meixell
Member
Mr. Rowland C. Heflin
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 his reentry (RE) code be upgraded on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 May 2005.
2. The applicant states, in pertinent part, that the reentry eligibility (RE) code entered on his DD Form 214 is wrong and that it is too severe for the crime. He states he made a single mistake and tested positive for marijuana. Prior to this, he states he had a good record and that he was a dedicated Soldier. He states he understands the severity of his situation and that he is not making an excuse for his actions. He is requesting leniency and compassion by members of the Board.
3. The applicant provides a self-authored statement and a character reference letter from a master sergeant in the United States Army.
CONSIDERATION OF EVIDENCE:
1. The applicants record shows that he enlisted in the U.S. Army on 2 November 1999. Records show that he completed basic combat and advanced individual training and was awarded the military occupational specialty 92A (Automated Logistics Specialist). The highest rank he attained while serving on active duty was specialist/pay grade E-4.
2. On 5 May 2005, the applicant's battalion commander recommended that the applicant be separated from the Army under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations) paragraph
14-12c(2) for misconduct, specifically abuse of illegal drugs. The applicant had tested positive for THC on or about 25 February 2005 during a routine unit urinalysis test.
3. On 16 May 2005, the applicant was discharged accordingly and the DD Form 214 issued shows that his characterization of service was under honorable conditions (General). He authenticated this DD Form 214 in his own hand which shows in Item 25 the entry for the separation authority as paragraph 14-12c(2) of AR 635-200. Further, Item 26 lists his separation code as "JKK" and Item 27 shows his RE code as "4." The same DD Form 214 shows that he had completed 5 years, 5 months, and 16 days of active federal service during this period of active duty and that he was awarded the Iraqi Campaign Medal.
4. The applicant provided a character witness statement, dated 12 August 2007, from an active duty master sergeant. He states, in pertinent part, that he has known the applicant for over 5 years and that for 3 of those years he knew the applicant while serving on active duty. He states that the applicant served with distinction and was deployed to Kosovo for a period of 7 months and then deployed forward in support of Operation Iraqi Freedom for 6 months. He states he has maintained contact with the applicant and that the applicant is attending school and is currently employed in the private sector where he has submitted to urinalysis testing. He states the applicant shows no signs of alcohol or illegal substance use or abuse. He further states that the RE code 4 is too severe for the applicant's poor judgment. He requests, in effect, that the Board grant the applicant an upgrade to RE code 3 so the applicant can effectively reenlist with a waiver.
5. Army Regulation 635-200 identifies a Chapter 14 discharge as a separation for acts or patterns of misconduct. Paragraph 14-12c states, in pertinent part, that separation under this paragraph is for commission of serious military or civil offense, if the specific circumstance 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 for Courts-Martial. Further, paragraph 14-12c(2) states abuse of illegal drugs is serious misconduct.
6. Army Regulation 635-5-1 (Separation Program Designator) prescribes the specific authorities, reasons for separating Soldiers from active duty and the Separation Program Designator (SPD) codes to be entered on the DD Form 214. This regulation states, in pertinent part, that SPD code JKK will be used for enlisted Soldiers separating under chapter 14, paragraph 14-12c(2), AR 635-200. The narrative reason cited in the Army Regulation for this specific code is "Misconduct-Abuse of Illegal Drugs." The RE code "4" is used with the SPD code JKK.
7. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) defines RE codes. The regulation states, in pertinent part, that
RE code, "4", applies to a person separated from their last period of service with a nonwaivable disqualification and that the person is ineligible for enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code on his DD Form 214 with a separation date of 16 May 2005 is wrong and that it is too severe for the crime.
2. Evidence of record shows the applicant was discharged for commission of a serious offense, specifically for misconduct, abuse of illegal drugs, which warranted separation. Therefore, the RE code as specified in AR 635-5-1 and listed on his DD Form 214 is correct.
3. In order to justify correction of a military record the applicant must show, 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
__HOF _ __RCH__ __JTM___ 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.
_____Hubert O. Fry, Jr.____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20080117
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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