RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070013979 


	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.  Rial D. Coleman

Analyst


The following members, a quorum, were present:


Mr. Shirley L. Powell

Chairperson

Ms. Yolanda Maldonado

Member

Mr. Edward E. Montgomery

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 in his reentry (RE) code so he will be eligible to reenter the Army.

2.  The applicant states, in effect, that approval of his request would afford him an opportunity to be of use in both the Army and society as a whole.

3.  The applicant provides a letter written by his former platoon leader in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army at the age of 19, entered active duty on 1 April 2003, and was discharged on 2 September 2004.  He completed basic combat and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 74D (Information Systems Operator).  The highest rank the applicant attained while serving on active duty was private (PV2)/pay grade E-2.  He did not complete his first full term of service.

2.  The applicant's record shows that during his active duty tenure, he earned the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The record further shows the applicant served in Kuwait and Iraq for four months.  His record documents no acts of valor, significant achievement or service warranting special recognition.  

3.  The applicant provides a one-page letter from his former platoon leader that is addressed to his mother and dated 12 February 2004.  The platoon leader praises the applicant's work ethic, desire to learn, and positive attitude.

4.  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 for being absent without leave (AWOL) on 27 October 2003 and during the period 14 May to 24 May 2004.

5.  Army Substance Abuse Program, Fort Carson, Colorado memorandum, dated 8 June 2004, Subject: Confirmed Urinalysis Test Results informed the applicant's commander that his urine specimen had tested positive for THC [Tetrahydro-cannabinol - Marijuana].

6.  DA Form 8003 (Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) Enrollment) shows that the applicant was enrolled in the ADAPCP on 17 June 2004.

7.  DA Forms 4187 (Personnel Action) dated 22 June 2004 and 1 July 2004, show the applicant was AWOL during the period 22 June until 1 July 2004.

8.  On 4 August 2004, the applicant's unit commander notified him that he was initiating action to separate him under the provisions of paragraph 14-12b (Pattern of Misconduct) of Army Regulation 635-200 (Personnel Separations) for his pattern of misconduct.  The unit commander cited the applicant's wrongful use of marijuana and being AWOL on three separate occasions as the basis for taking the action.  The unit commander informed the applicant that he was recommending he receive an under other than honorable conditions discharge.

9.  The applicant's chain of command unanimously recommended approval of the separation action and further recommended that the applicant's service be characterized as other than honorable.

10.  On 17 August 2004, 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 to waive his rights for consideration of his case by an administrative separation board, personal appearance before an administrative separation board, to submit a statement in his own behalf, and to consult counsel and representation by military or civilian counsel at no expense to the Government.

11.  On 27 August 2004, the separation authority approved the applicant's separation in accordance with the provisions of Army Regulation 635-200, paragraph 14-12b due to his pattern of misconduct and directed that his service to be characterized as under other than honorable conditions.  He further directed that the applicant be reduced to the lowest enlisted grade and that he not be transferred into the Individual Ready Reserve (IRR).

12.  Item 25 (Separation Authority) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant upon separation indicates he was separated under the provisions of chapter 10 (Discharge in Lieu of Trial by Court-Martial) of Army Regulation 635-200.  It also shows that based on the authority and reason for his discharge, he was assigned a Separation Program Designator (SPD) code of KFS in Item 26 (Separation Code) and an RE code of 4 in Item 27 (Reentry Code).

13.  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 JKA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12b due to a pattern of misconduct.  The SPD/RE Code Cross Reference Table indicates that RE code 
3 is the proper code to assign members separated with SPD code JKA.  The regulation also provides that the SPD code KFS is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 10 in lieu of trial by court-martial.  The SPD/RE Code Cross Reference Table indicates that RE code 4 is the proper code to assign members separated with SPD code KFS.

14.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) 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 code 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 and the individual is eligible for reentry if a waiver is granted.  RE code 4 applies to persons separated from their last period of service who have a nonwaivable disqualification and are ineligible for reentry.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change of his RE code was carefully considered and found to be with merit.

2.  Evidence of record shows the applicant was recommended and approved for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of a pattern of misconduct based on his wrongful use of marijuana and being AWOL on three separate occasions.  Evidence also shows that based on the authority and reason for his discharge, he should have been assigned an SPD code of JKA and an RE code of 3 at the time of his discharge.

3.  The applicant's record contains no indication that he was considered for trial by court-martial or applied for separation under the provisions of chapter 10 of Army Regulation 635-200 in Lieu of Trial by Court-Martial.

4.  The DD Form 214 issued to the applicant at the time of his discharge erroneously indicates that he was separated under the provisions of chapter 
10 of Army Regulation 635-200 in Lieu of Trial by Court-Martial.  Due to this mistake, the form also shows that he was assigned an erroneous SPD code of KFS in Item 26 and an erroneous RE code of 4 in Item 27.

5.  Based on the foregoing, in this case, it would be appropriate to correct the applicant's record by voiding his original DD Form 214 and issuing him a replacement DD Form 214 to show that he was separated under the provisions of Army Regulation 635-200, paragraph 14-12b for Pattern of Misconduct and that he was assigned a Separation Program Designator (SPD) code of JKA and a Reentry (RE) code of 3 at the time of his discharge.

BOARD VOTE:

__EM____  _YM____  _SLP___  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 to show that he was separated under the provisions of Army Regulation 635-200, paragraph 14-12b for Pattern of Misconduct and that he was assigned a Separation Program Designator (SPD) code of JKA and a Reentry (RE) code of 3 at the time of his discharge.  The Board further recommends voiding the applicant's original DD Form 214 and issuing him a replacement DD Form 
214 which reflects the aforementioned corrections.




___Shirley L. Powell__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.