IN THE CASE OF:
BOARD DATE: 11 June 2009
DOCKET NUMBER: AR20090002686
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 from RE-4 to RE-3.
2. The applicant states that his RE code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) is incorrect. He contends that it shows a "4" and it should be a "3."
3. The applicant does not provide any additional documents in support of his application.
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. The applicant enlisted in the Regular Army on 4 April 2007. At the completion of basic training and advanced individual training, he was awarded military occupational specialty 92Y (Unit Supply Specialist). His highest grade attained was private first class, E-3.
3. The applicant was discharged on 16 October 2007 under the provisions of Army Regulation 635-200, paragraph 14-12c(2) by reason of misconduct (drug abuse). He completed 6 months and 13 days of active military service.
4. His DD Form 214 shows he was issued a RE code of 4 and a Separation Program Designator (SPD) code of "JKK" Misconduct (Drug Abuse).
5. 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 SPD codes to be used for these stated reasons. The regulation shows the SPD code of JKK as shown on the applicants DD Form 214 specifies the narrative reason for discharge as Misconduct (Drug Abuse) and that the authority for discharge under this SPD code is AR 635-200, paragraph 14-12c(2)."
6. 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 (drug abuse).
7. 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.
8. A RE code of 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 is incorrect and it should show a "3" instead of a "4."
2. The applicant was discharged on 16 October 2007 under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for Misconduct (Drug Abuse).
3. The applicants DD Form 214 shows he was discharged with a separation code of "JKK" Misconduct (Drug Abuse) and he was assigned a RE code of 4 in accordance with the governing regulation in effect at the time.
4. 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
____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.
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