RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 March 2008
DOCKET NUMBER: AR20070016553
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.
x
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 be changed from RE-4 to RE-3.
2. The applicant states, in effect, that he would like his RE code dropped from a level 4 to a level 3 so that he can serve his country again. The best job he ever had was being in the Army. Since he has been separated from the service, he cannot manage on his own because he only knows how to be a Soldier.
3. The applicant provides no additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 14 November 2003. He completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 14S (avenger crewmember). He was promoted to specialist, E-4 on 1 July 2005.
2. On 19 September 2006, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) from 7 August 2006 to 27 August 2006. His punishment consisted of a reduction to private, E-2 (suspended); a forfeiture of $713.00; restriction for 20 days; extra duty for 20 days; and an oral reprimand. On 6 October 2006, the suspension of punishment of a reduction to private, E-2 was vacated due to breaking a restriction.
3. On 9 February 2007, the applicant accepted NJP under Article 15, UCMJ for wrongfully using cocaine between on or about 12 January 2007 and 15 January 2007. His punishment consisted of a reduction to private, E-1; a forfeiture of $650.00 for 2 months; extra duty for 45 days; and restriction for 45 days.
4. On an unknown date, the unit commander notified the applicant of separation action under the provisions of Army Regulation 635-200, paragraph 14-12c for commission of a serious offense, drug abuse. He was advised of his rights. The applicant acknowledged notification of the separation action. He consulted with legal counsel and did not submit statements in his own behalf.
5. The separation authority directed that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 14-12c for commission of a serious offense, drug abuse, with issuance of a general under honorable conditions discharge.
6. The applicant was discharged on 9 March 2007 under the provisions of Army Regulation 635-200, paragraph 14-12c(2). He completed 3 years, 3 months, and 5 days of active military service. His DD Form 214 shows he was discharged with a separation code of "JKK" (Misconduct-Drug Abuse) and was issued an RE code of RE-4.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribed procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it was clearly established that rehabilitation is impracticable or is unlikely to succeed.
8. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation shows that the SPD code JKK as shown on the applicants DD Form 214 specifies the narrative reason for separation as involuntary release or transfer for Misconduct-Drug Abuse and that the authority for separation under this separation program designator is AR 635-200, paragraph 14-12c(2). Additionally, the SPD/RE Code Cross Reference Table, Army Regulation 635-5 (Separation Documents) establishes RE code 4 as the proper reentry code to assign to Soldiers separated for this reason.
9. 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 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 RA RE codes.
10. RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged on 9 March 2007 under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for commission of a serious offense, drug abuse.
2. The applicant's DD Form 214 shows he was separated with a separation code of "JKK" and was assigned an RE code of RE-4 in accordance with the governing regulation in effect at the time.
3. There is no evidence of record which shows the RE code issued to the applicant was in error or unjust.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
x_____x______ x_____ 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.
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CHAIRPERSON
INDEX
CASE ID
AR20070016553
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
Ms. Mitrano
ISSUES 1.
100.0300
2.
3.
4.
5.
6.
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