IN THE CASE OF:	  

		BOARD DATE:	  7 August 2008

		DOCKET NUMBER:  AR20080007125 


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, a change to his reentry (RE) code.  

2.  The applicant states, in effect, that he is asking only for a change to his RE-4 code, which will enable him to at least join the Army National Guard, and at most reenlist in the Regular Army.  He states that his battalion commander thought that if he got straitened out, he could get back in and was unaware he would receive an RE-4 code.   He claims his unit was readying for deployment and had more important issues to deal with, and he has since learned that the Separation Program Designator (SPD) code of JKK automatically results in an RE-4 code.  

3.  The applicant provides the record of his Army Discharge Review Board (ADRB) hearing and associated documents in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the RA and entered active duty on 24 August 2005, and was trained in and awarded military occupational specialty (MOS) 13B (Field Artillery).  The record shows he was advanced to private/E-2 (PV2) on 24 February 2006, and that this is the highest rank he attained while serving on active duty.  His record documents no acts of valor, significant achievement, or service warranting special recognition.  


2.  On 24 March 2006, the applicant accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for the wrongful use of cocaine.  His punishment for this offense was a reduction to private/E-1 (PV1), a forfeiture of $636.00, and 45 days of restriction and extra duty.  

3.  On 24 August 2006, the applicant accepted NJP for the wrongful use of marijuana.  His punishment for this offense was a forfeiture of $636.00 per month for two months and 45 days of restriction and extra duty.

4.  On 28 September 2006, the applicant's unit commander notified the applicant of the intent to initiate action to separate him under the provisions of Paragraph 14-12c, Army Regulation 635-200, by reason of misconduct (commission of a serious offense-abuse of illegal drugs).  The commander cited the applicant's testing positive for cocaine and marijuana on a routine urinalysis conducted on 24 July 2006, as the basis for taking the action.  The unit commander recommended the applicant receive a general, under honorable conditions discharge (GD).  

5.  On 3 October 2006, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action and its effects, of the rights available to him, and of the effect of a waiver of those rights.  The applicant acknowledged his understanding that he could expect to encounter substantial prejudice in civilian life if his service were characterized as general, under honorable conditions.  He further acknowledged his understanding that he would be ineligible to apply for enlistment in the Army.  

6.  The separation authority approved the applicant's discharge under the provisions of Paragraph 14-12c(2), Army Regulation 635-200, by reason of abuse of illegal drugs, and directed the applicant receive a GD.  On 27 October 2006, the applicant was discharged accordingly.  The separation document 
(DD Form 214) he was issued at the time confirms that based on the authority and reason for his discharge, he was assigned a SPD code of JKK in Item 26 (Separation Code) and an RE code of 4 in Item 27 (Reentry Code).  The DD Form 214 further confirms that at the time of his discharge, he held the rank of PV1 and he had completed a total of 1 year, 2 months, and 4 days of active military service.  


7.  On 22 January 2008, the ADRB, at personal appearance hearing with the applicant present, after a careful review of the applicant's military records, a review of the issues and documents submitted by the applicant, and after hearing his testimony, determined the applicant's discharge was proper and equitable; and the ADRB voted to deny the applicant's request for a change in the character and/or reason (RE code) of his discharge.  

8.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the United States Army Reserve (USAR).  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-4 applies to persons who have a nonwaivable disqualification. 

9.  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.  It states, in pertinent part, that the SPD code JKK is the appropriate code to assign to Soldiers separated under the provisions of Paragraph 14-12c, by reason of commission of a serious offense (drug abuse).  The SPD/RE Code Cross Reference Table indicates that RE-4 is the proper code to assign members separated with SPD code JKK.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change to his RE code was carefully considered. However, by regulation, RE-4 is the proper reentry code to assign members separated under the provisions of Paragraph 14-12c, Army Regulation 635-200, by reason of misconduct (abuse of illegal drugs), who are assigned an SPD code of JKK.  

2.  The evidence of record confirms the applicant was separated under the provisions of Paragraph 14-12c, Army Regulation 635-200, by reason of misconduct-commission of a serious offense (abuse of illegal drugs) based on his multiple incidents of illegal use of marijuana and cocaine.  It also shows that based on the authority and reason for his discharge, he was appropriately assigned an SPD code of JKK.  Therefore, the RE-4 code he was assigned at the time of his discharge was and remains valid.  Given his unremarkable record of service, and his multiple infractions of use of illegal drugs, there is an insufficient evidentiary basis to support a change to his RE code at this time.  


3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit 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
      
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)                                         AR20080007125



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ABCMR Record of Proceedings (cont)                                         AR20080007125



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