IN THE CASE OF:	  

		BOARD DATE: 	        14 May 2009

		DOCKET NUMBER:  AR20090001204 


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.  

2.  The applicant states, in effect, that in 2005 he made the worst decision ever in his life.  He points out that he was the noncommissioned officer in charge, that he had completed the Basic Noncommissioned Officer Course, and that he had never been in trouble in 11 years.  He contends that he let his problems get the best of him by using drugs (marijuana and cocaine) for a couple of months.  He claims that he was treated unfairly.  He points out that after realizing that he had a problem he self-enrolled himself in the Alcohol and Drug program.  He indicates that his first sergeant found out about his enrollment in the program and made an example out of him.  The first sergeant took away his parachute status, stripped him of his E-5 rank, and gave him 45 days of extra duty.  He states that he was never given any paperwork regarding his discharge, only his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also states that he wanted to complete his last nine years but the RE code on his DD Form 214 does not allow him to reenlist.      

3.  The applicant provides no additional documentary evidence in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 29 November 1994 and trained as an armor crewman and preventive medicine specialist.  He attained the rank of sergeant on 1 November 2001.  
2.  On 8 August 2005, the applicant received a letter of reprimand for tampering with the random urinalysis selection process.  

3.  On 11 August 2005, nonjudicial punishment was imposed against the applicant for using cocaine.  He was reduced to specialist.

4.  On 21 September 2005, the applicant's unit commander initiated action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, for misconduct.  The applicant's request for a conditional waiver was disapproved and his case was referred to an administrative separation board for final determination.  On 5 December 2005, an administrative board found that the applicant did attempt to tamper with the random urinalysis process and that he used cocaine.  The board recommended that the applicant be discharged from the Army because of misconduct with the issuance of a discharge under other than honorable conditions.  On 5 January 2006, the separation authority approved the findings of the administrative separation board but disapproved the recommendation for a discharge under other than honorable conditions.  The separation authority directed the issuance of an honorable discharge.

5.  On 10 January 2006, the applicant was honorably discharged for misconduct (commission of a serious offense).  

6.  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, "JKQ."  Item 
27 (Reentry Code) on his DD Form 214 shows the entry, "3."  Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "MISCONDUCT (SERIOUS OFFENSE).”

7.  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 “JKQ” is “Misconduct” and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2).  

8.  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.

9.  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.

10.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

11.  The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 8 September 2005, shows that when the Separation Program Designator is "JKQ" then an RE code of 3 will be assigned.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, his RE code was administratively correct and in conformance with applicable regulations at the time of his separation.  

2.  The applicant's current RE code is a waivable code.  Therefore, the applicant may still apply for service in the U.S. Army and request the appropriate waiver.
 
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)                                         AR20090001204





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ABCMR Record of Proceedings (cont)                                         AR20090001204



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