RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 MAY 2008
	DOCKET NUMBER:  AR20080002275 


	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.  




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 eligibility (RE) code of  
RE-4 be upgraded to RE-3. 

2.  The applicant states, in effect, he requested an upgrade of his discharge via the internet, so that he may reenter the military. While his discharge was upgraded to an honorable discharge, the RE-4 was not upgraded.  He would like to change his RE-4 to RE-3, so he may return to active duty to serve and to be a better leader.  Also, he would like for his two daughters to be proud of him.

3.  The applicant does not provide any additional documentation. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he enlisted in the Regular Army on 15 January 1998.  He completed the necessary training and was awarded the military occupational specialty (MOS) 19K (Armor Crewman).

2.  He received developmental counseling on 5 June 2002 for testing positive for cocaine during a urinalysis conducted on 22 May 2002.

3.  On 24 July 2002, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for wrongful use of cocaine.

4.  On 30 July 2004, the applicant accepted NJP under Article 15, UCMJ for assaulting his spouse by pulling her hair and throwing her onto a bed.

5.  On 20 August 2004, the applicant's commander recommended his separation under the provisions of Army Regulation 635-200 (Personnel Separation) Chapter 14, paragraph 14-12c(2) for serious misconduct.  The applicant acknowledged receipt of the notification for recommendation of separation.

6.  He was advised of the rights available to him and the effects of a discharge under honorable conditions.  Also, he was informed that he would be ineligible to apply for enlistment in the United States Army for a period of two years after discharge, and that he may make application to the Army Discharge Review Board or the Army Board for Correction of Military Records for upgrading; however, he acknowledged he realized that an act of consideration by either board does not imply that his discharge would be upgraded.

7.  On 26 August 2004, his commander recommended that he be discharged and his service be characterized under honorable conditions.  

8.  On 10 January 2005, the applicant was notified to appear before a board of officers.  On 10 February 2005, a board of officers convened to consider the applicant for involuntary separation.  The Board recommended separation under honorable conditions.

9.  On 11 March 2005, the recommendation for separation was approved by the appropriate authority.

10.  On 24 March 2005, the applicant was given a general discharge from active duty for misconduct.  He was assigned a separation program designator (SPD) code of JKK and assigned an RE code of RE-4.  He had completed  
7 years, 2 months, and 10 days Net Active Service This Period.

11.  The applicant applied to the Army Discharge Review Board (ADRB) on 
25 July 2006 for an upgrade and to change the reason for separation.  On  
31 July 2007, ADRB reviewed the applicant's record and determined that his characterization of service was improper and upgraded his characterization of service to honorable.  However, the ADRB determined that the reason for discharge was both proper and equitable.

12.  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 US Army Reserve.  Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes, including Regular Army RE codes.

13.  Table 3-1 (U.S. Army reentry eligibility codes), of Army Regulation  
601-210 states that RE-4 applies to persons separated from last period of service with a non-waivable disqualification.

14.  AR 635-5-1 (Separation Program Designated Codes), Table 2-3, states that the SPD code JKK denotes involuntary discharge, misconduct (Drug Abuse).

15.  The Army Human Resources Command publishes a cross-reference of SPD and RE codes.  This cross-reference shows that an SPD code of JKK is assigned an RE code of RE-4.


16.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service.  Individuals in pay grades E-5 and above must be processed for separation upon discovery of a drug offense.  Those in pay grades below E-5 may also be processed after a first drug offense and must be processed for separation after a second offense.  The issuance of a discharge under other than honorable conditions is normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his RE-4 be upgraded to RE-3, so that he may return to active duty to serve and to be a better leader.  Also, he would like for his two daughters to be proud of him.

2.  There is no evidence or indication that there was an error or injustice, which caused the applicant to be discharged for misconduct.

3.  Since the applicant was properly discharged, there is no reason to change a correctly assigned RE code.

4.  While the ADRB upgraded the applicant's general discharge to fully honorable, the ADRB did not change the reason and authority for his discharge.  As such, the applicant's RE-4 was correctly left unchanged on his upgraded DD Form 214.

5.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit sufficient evidence that would satisfy this requirement.

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.




      __________X____________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080002275



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508