RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 April 2008
DOCKET NUMBER: AR20080000586
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 L. Engle
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. David K. Haasenritter
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, that his Reentry (RE) Code 4 be changed so that he may reenlist in the Army.
2. The applicant states, in effect, that he served for more than 3 years in the Regular Army and was discharged for wrongful use of a controlled substance. He apologizes for his mistake and asks for another chance to serve.
3. The applicant provides a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214).
CONSIDERATION OF EVIDENCE:
1. On 22 July 2003, the applicant enlisted in the Regular Army for 4 years. He completed his initial training and was awarded military occupational specialty 25Q (Multi-Channel Transmission Operator/Maintenance).
2. On 22 December 2006, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14 for misconduct due to drug abuse Accordingly, he was given a Separation Program Designator (SPD) Code of JKK and an RE Code 4. His character of service was general, under honorable conditions.
3. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and 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 upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, Chapter 14, for misconduct due to drug abuse. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 4 as the proper RE code to assign to Soldiers separated for this reason.
DISCUSSION AND CONCLUSIONS:
1. The applicant does not challenge the reason for his discharge but simply apologizes for his misconduct and asks for another chance to serve.
2. The RE Code 4, establishing his ineligibility for enlistment/reenlistment, was correctly entered on his separation document in accordance with governing regulations. There is no evidence of error or injustice.
3. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for the RE Code 4. While the applicants desire to continue in the service to his country is commendable, there are no provisions authorizing the change of an RE Code for this purpose.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ LDS __ __DKH__ __EEM__ 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.
__ Linda D. Simmons ___
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.
ARMY | BCMR | CY2007 | 20070015713
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ARMY | BCMR | CY2007 | 20070009334C080213
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ARMY | BCMR | CY2004 | 040007878C070208
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The applicant requests that his character of service be changed to general or honorable and the narrative reason for separation be changed to medical. The applicant's Certificate of Release or Discharge from Active Duty (DD Form 214) indicates that he was discharged under the provisions of Army Regulation 635-200, chapter 14, for misconduct (serious offense). Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers...
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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 18 November 2005, the applicant was separated with a general discharge under the provisions of paragraph 14-12c, Army Regulation 635-200, by reason of misconduct, abuse of illegal drugs. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2007 | 20070010257
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