IN THE CASE OF:
BOARD DATE: 10 June 2008
DOCKET NUMBER: AR20080004376
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, in effect, that his Reentry (RE) code be changed from RE-4 to RE-3.
2. The applicant states that it was unjust because he was a private and he told his command about his problems. He claims that he was never in any trouble the entire time he was in the Army. He knows he made a mistake, but he was young and dumb back then.
3. The applicant provides a memorandum, dated 24 September 2007; a character reference; and a supplemental letter.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After having had prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 20 May 2003 at the age of 22. He was promoted to private first class on 1 October 2003.
3. He tested positive for cocaine during a Unit Urinalysis Inspection conducted on 29 April 2004.
4. On 17 June 2004, the applicant was convicted by a summary court-martial of wrongful use of cocaine between on or about 22 April 2004 and 29 April 2004. He was sentenced to confinement for 14 days, a forfeiture of $795.00 pay for one month, and a reduction to private E-1.
5. The applicant was discharged on 3 November 2004 under the provisions of Army Regulation 635-200, paragraph 14-12c(2) by reason of misconduct - abuse of illegal drugs. He completed 1 year and 5 months of active military service during this period with 14 days of lost time.
6. His DD Form 214 shows he was issued a RE code of RE-4 and a Separation Program Designator (SPD) code of "JKK" (Misconduct-Abuse of Illegal Drugs).
7. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows that the separation program designator JKK as shown on the applicants DD Form 214 specifies the narrative reason for discharge as Misconduct-Abuse of Illegal Drugs and that the authority for discharge under this separation program designator is AR 635-200, paragraph 14-12c(2)."
8. Table 2-3 (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 under the provisions of AR 635-200, paragraph
14-12c(2) for misconduct - abuse of illegal drugs.
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 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.
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 3 November 2004 under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct - abuse of illegal drugs.
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 him was administratively incorrect, in error or unjust.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
xxx______ xx_____ xx______ 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.
xxxxxxxxxxx_ ___
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) AR20080004376
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