IN THE CASE OF:
BOARD DATE: 17 MARCH 2009
DOCKET NUMBER: AR20080018621
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 was informed he would be able to reenlist after two years (without a Congressmans recommendation) and he is now being told that he is unable to reenlist with an RE code of 4. He indicates that the RE code should be a 3 or less.
3. The applicant provides a copy of his DD Form 214 (Certificate or Release or Discharge from Active Duty) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 25 April 2006 and trained as an infantryman.
2. On 24 May 2007, nonjudicial punishment was imposed against the applicant for marijuana use. His punishment consisted of a reduction to E-1, a forfeiture of pay, extra duty, and restriction (suspended).
3. On 24 September 2007, 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 Separation Program Designator is "JKK" then an RE code of 4 will be assigned.
DISCUSSION AND CONCLUSIONS:
The applicants contention was noted. 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.
ABCMR Record of Proceedings (cont) AR20080018621
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018621
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080006765
IN THE CASE OF: BOARD DATE: 1 July 2008 DOCKET NUMBER: AR20080006765 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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...
ARMY | BCMR | CY2009 | 20090001262
IN THE CASE OF: BOARD DATE: 14 May 2009 DOCKET NUMBER: AR20090001262 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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...
ARMY | BCMR | CY2009 | 20090013559
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). Pertinent Army regulations...
ARMY | BCMR | CY2009 | 20090001229
However, the applicants DD Form 214 shows that on 28 January 1998 he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, paragraph 14-12c(2), for misconduct. 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). _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2009 | 20090007840
IN THE CASE OF: BOARD DATE: 24 SEPTEMBER 2009 DOCKET NUMBER: AR20090007840 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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"...
ARMY | BCMR | CY2009 | 20090003057
IN THE CASE OF: BOARD DATE: 9 July 2009 DOCKET NUMBER: AR20090003057 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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). 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 | BCMR | CY2008 | 20080015710
IN THE CASE OF: BOARD DATE: 18 FEBRUARY 2009 DOCKET NUMBER: AR20080015710 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. Chapter 3 of that regulation prescribes basic eligibility for prior service...
ARMY | BCMR | CY2009 | 20090012232
The applicant states, in effect, that he believes his RE code should be changed to RE-3, RE-2, or RE-1 so that he may be eligible to enlist or get money in the form of his G.I. 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. The applicants RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
ARMY | BCMR | CY2010 | 20100016397
The applicant provides: * Service personnel records * Photograph of himself in uniform * Enlisted Record Brief * Excepts from his discharge proceedings * DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be...
ARMY | BCMR | CY2010 | 20100007362
The applicant requests his reentry eligibility (RE) code be changed to RE code 3. On 20 July 2007, the Army Discharge Review Board denied the applicant's request for an honorable discharge. __________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.