IN THE CASE OF:
BOARD DATE: 18 FEBRUARY 2009
DOCKET NUMBER: AR20080015710
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 his reentry (RE) code be changed.
2. The applicant states, in effect, that he would like to redeem himself in the eyes of his family, the Government, and this great nation by rejoining and serving this country correctly and living up to the potential Soldier he knows he can be. He believes that what he did at the time was best for him and his family and that the drastic measures he took to be with them was going to fill a void in his heart that had been missing his entire life. What he did not realize is that the Army gave him the sense of belonging and fulfillment he had desired so much and that he allowed his significant other to influence him to believe something that was not true. He claims that he is a Soldier, that he comes from a family of Soldiers, and that he belongs in the Army. He indicates that he was an excellent Soldier and if he is allowed back on active duty he will do far and beyond the expectations of any Soldier.
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 19 April 2004 and trained as a preventive medicine specialist.
2. On 10 February 2006, nonjudicial punishment was imposed against the applicant for marijuana use and making a false official statement. His punishment consisted of a reduction to E-1, a forfeiture of pay (suspended), extra duty, and restriction.
3. On 14 August 2006, the applicant was discharged with a general discharge for misconduct (drug abuse).
4. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, PARA [paragraph] 14-12C(2). Item
26 (Separation Code) on his DD Form 214 shows the entry, "JKK." Item
27 (Reentry Code) on his DD Form 214 shows the entry, "4." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "MISCONDUCT (DRUG ABUSE).
5. Army Regulation 635-5-1 (Separation Program Designator 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 states the reason for discharge based on separation code JKK is Misconduct and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2).
6. 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 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.
7. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
8. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
9. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
10. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that when the SPD [Separation Program Designator] is "JKK" then an RE code of 4 will be given.
DISCUSSION AND CONCLUSIONS:
The applicants contentions were considered. However, his RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
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.
_______ _ ____XXX___ ___
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.
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