RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2008
	DOCKET NUMBER:  AR20070014606 


	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. Michael J. Fowler

Analyst


The following members, a quorum, were present:


Mr. James B. Gunlicks

Chairperson

Mr. Donald W. Steenfott

Member

Mr. Roland S. Venable

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 eligibility (RE) code 4 on his DD Form 
214 (Certificate of Release or Discharge from Active Duty) with the ending period 1 December 2006 be changed to RE code 3.  

2.  The applicant states, in effect, that he wishes to enlist in the military and feels that the RE code he received was too harsh and unjust for his offense.  The applicant also states that he served his country in Iraq with honor, he loves the U.S. Army, and it's his dream to use his Arabic skills to support the troops in Iraq.

3.  The applicant provides his DD Form 214 and an undated letter of support signed by his fellow Soldiers.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 6 January 2004 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 09L (Translator Aide).

2.  On 16 December 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom.

3.  On 4 August 2006, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for wrongful use of cocaine.

4.  The applicant’s commander initiated elimination action on the applicant under the provisions of Army Regulation 635-200, chapter 14 for misconduct.  The reason cited by the commander was the applicant's testing positive for cocaine and being disrespectful and insubordinate to his First Sergeant.

5.  On 26 October 2006, the applicant was advised by consulting counsel of the basis for the contemplated separation action.  The applicant was advised of the impact of the discharge action.  The applicant signed a statement indicating that he was advised he was being recommended for discharge under the provisions of Army Regulation 635-200.  The applicant requested counsel, waived his rights to be heard by a board of officers, and submitted a statement on his own behalf.

6.  The applicant stated, in effect, that he accepted full responsibility for his actions.  He let his personal life interfere with his duties and had since then sought help for his shortcomings and had overcome them.  He wanted to put that 
part of his life behind him and move on to the next stage in his military career.  The applicant continued that after he returned from Iraq he started to have bad dreams and it was hard for him to adjust.  He further stated that he looked for help and that was his last resort.  He sought help from his fellow Soldiers and chain of command but there was no end to his (dreams).  Instead, he was misunderstood and misconstrued.  He paid for the mistakes he made in full price. The remorse and sadness was still eating him from within and the haunted mind that faced death on a regular basis in Iraq made him cry hard for real help but again, it got him into more trouble.  Drinking and drugs were one option to his problems.

7.  On 16 November 2006, the appropriate authority approved the recommendation and directed the applicant receive a general under honorable conditions discharge.  On 1 December 2006, he was discharged after completing 1 year, 11 months, and 16 days of creditable active service.

8.  The applicant's DD Form 214 with the period ending 1 December 2006 shows he was discharged under the provisions of paragraph 14-12c(2), Army Regulation 635-200, for misconduct; item 27 (Reentry Code) shows the entry "4"; and item 26 (Separation Code) shows a separation code of JKK.

9.  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.  Paragraph 14-12c(2) states that Soldiers are subject to separation for commission of a serious offense (abuse of illegal drugs) and that abuse of illegal drugs is serious misconduct.  

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.  The SPD code of JKK was the appropriate code for the applicant based on the guidance provided in this regulation for Soldiers separating under the provisions of paragraph 14-12c(2), Army Regulation 635-200, by reason of misconduct - drug abuse.  Additionally, the SPD/RE Code Cross Reference Table establishes RE code 4 as the proper reentry code to assign to Soldiers with an SPD of JKK.  

11.  RE code 4 applies to persons not qualified for continued Army service and the disqualification is non-waivable.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he needs his RE code changed on his DD Form 214 in order to reenter military service.  However, the ABCMR does not change RE codes solely to allow former Soldiers to reenter military service.  

2.  Evidence of record shows that the applicant was separated from the service for misconduct under the provisions of Army Regulation 635-200, chapter
14-12c(2).  By regulation, this mandated that he be assigned an RE code 4 upon his separation from the Army.

3.  The evidence of record confirms that the applicant’s separation processing was accomplished in accordance with the applicable regulations, to include the RE code 4 code assignment.  Lacking independent evidence to the contrary, it is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the assigned RE code 4 was appropriate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JBG  __  __DWS _  __RSV __  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.




___ James B. Gunlicks _
          CHAIRPERSON




INDEX

CASE ID
AR20070014606
SUFFIX

RECON

DATE BOARDED
6 MARCH 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
100.0300.0000
2.

3.

4.

5.

6.