IN THE CASE OF:	  

	BOARD DATE:	  8 May 2008

	DOCKET NUMBER:  AR20080001974 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the Reentry (RE) Code be changed on his DD Form 214 (Certificate of Release or Discharge From Active Duty) for the period 10 August 2004 through 10 October 2006.

2.  The applicant states that other Soldiers "came up hot on there (sic) urinalysis," but only got extra duty.  He states he has been discharged for 15 months and wants to reenlist; however, his RE Code prevents this from happening.  He adds that he has learned his lesson and wants a second chance.

3.  The applicant provides a copy of his DD Form 214 WS (Worksheet).  This form does not have his RE Code displayed.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army for 5 years on 10 August 2004.  He was trained in military occupational specialty (MOS) 92F (Petroleum Supply Specialist) and assigned to Fort Bragg, NC.

2.  The applicant tested positive for marijuana on a urinalysis drug test performed on 6 January 2006.  On 23 March 2006, he accepted field grade nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for wrongfully using marijuana on or between 7 December 2005 and 6 January 2006.

3.  On 21 September 2006, the applicant was informed that he was being processed for separation under the provisions of chapter 14, Army Regulation (AR) 635-200 for misconduct (drug abuse).  On the same date, the applicant consulted with legal counsel and acknowledged his rights under the administrative separation process.

4.  On 25 September 2006, the approving authority waived rehabilitation and approved the applicant's discharge for misconduct (drug abuse) under the provisions of chapter 14, paragraph 14-12c, AR 635-200.  The approving authority directed a general discharge be issued.

5.  On 10 October 2006, the applicant was discharged with a General Discharge under the provisions of chapter 14, paragraph 14-12c, AR 635-200 by reason of misconduct (drug abuse).  He was given a Separation (SPD) Code of JKK and an RE Code of 4.

6.  Army Regulation 635-200 (Enlisted Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions and patterns of misconduct such as frequent incidents of a discreditable nature with civil or military authorities, commission of a serious offense, drug abuse, and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army and the U.S. 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.  RE 1 and 2 permit immediate reenlistment if all other criteria are met. 
RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  An RE code of 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.

8.  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.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD.
9.  A separation code of "JKK" applies to persons who are separated under the provisions of chapter 14, Army Regulation 635-200 for misconduct (drug abuse). The SPD/RE Code Cross Reference Table shows that an RE Code of 4 is the applicable RE Code assigned for individuals separated with an SPD Code of "JKK."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his RE code be changed.

2.  Evidence shows that the applicant was properly and equitably discharged in accordance with Army regulations.  There is no indication of procedural errors which would tend to jeopardize his rights.  His record shows that he had a positive urinalysis test and received an Article 15 for illegal use of marijuana.

3.  The applicant, by violating the Army's policy not to abuse illegal drugs, compromised the special trust and confidence placed in him as a Soldier.  The applicant had the duty to support and abide by the Army's alcohol and drug abuse policies.  By using illegal drugs, the applicant knowingly jeopardized his military career.  

4.  An RE Code is based on an individual's reason for discharge and cannot be changed unless the narrative reason for discharge is changed.  In this case, the applicant's narrative reason for discharge is fully supported in the official record.  As such, the applicant's RE Code was appropriately assigned in accordance with the regulatory guidance above.  

5.  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 did not submit any evidence that would satisfy this requirement.  Therefore, there is no justification to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080001974



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ABCMR Record of Proceedings (cont)                                         AR20080001974



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