IN THE CASE OF:	

		BOARD DATE:	23 June 2009  

		DOCKET NUMBER:  AR20090002943 


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 change of his separation program designator (SPD) code of JKK and reentry eligibility (RE) code of 3 to codes which would permit him to join the Army Reserve or Army National Guard.

2.  The applicant states that he was an exceptional citizen while in the military, served in Iraq as a contractor, and wants to serve in the Reserve or National Guard.

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 3 February 2000.  He was awarded the military occupational specialty of automated logistical specialist and he was promoted to private first class/pay grade E-3.

2.  On 28 May 2001, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for wrongfully using cocaine between on or about 1 and 6 September 2000.



3.  On 20 May 2002, the applicant's commander submitted a memorandum to the Brigade Military Justice Section requesting initiation of chapter proceedings on the applicant for testing positive for cocaine on a urinalysis and for failing the drug and alcohol rehabilitation program.

4.  On 28 June 2002, he acknowledged he had been advised by his attorney of the basis for the contemplated action to separate him for commission of a second offense.

5.  On 20 September 2002, the applicant was recommended for separation    with a general discharge for testing positive on a urinalysis for cocaine on           1 September 2000 and on 17 April 2002.  On 23 September 2002, the appropriate authority approved his immediate separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, paragraph 14-12c, for commission of a serious offense.

6.  His original DD Form 214 shows he was discharged on 9 October 2002 with a characterization of service of under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c(2) after completing 2 years, 8 months, and 7 days of active military service.  It also shows he completed 3 years, 5 months, and 8 days of inactive service.

7.  On 20 July 2007, the Army Discharge Review Board (ADRB) granted an upgrade of the applicant's characterization of service to fully honorable based on the government's introduction of limited use information into the discharge packet.  However, the ADRB did not change the applicant's reason for separation, indicating the reason for discharge was fully supported by the record and therefore remained both proper and equitable.  The remarks block on his replacement DD Form 214 contains an entry of "characterization of service upgraded on 20 July 2007 following application dated 8 July 2006."

8.  Army Regulation 635-5-1 (SPD Codes), table 2-3, states that the SPD code JKK denotes misconduct (drug abuse).

9.  The Army Human Resources Command publishes a cross-reference table of SPD and RE codes.  This cross-reference table shows that an SPD code of JKK is assigned RE-3.

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides that RE codes may be changed only if they are determined to be administratively incorrect.

11.  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.  Table 3-1 of the regulation states that a code of RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant's characterization of service was upgraded by the ADRB, his reason for separation remained misconduct.  As such, his separation code was administratively correct and in conformance with applicable regulations at the time of his separation.

2.  RE codes are used for administrative purposes only.  These codes are not to be considered derogatory in nature; they simply are codes used for identification of an enlistment processing procedure.  The applicant's request that his RE code 3 be upgraded so he may return to military service was carefully considered.

3.  In this regard, while the applicant's good citizenship and employment in Iraq are noteworthy and his desire to enlist in the Army is commendable, these are insufficient to change a properly-assigned RE code.

4.  The applicant's disqualification for enlistment is waivable under Army Regulations.  He should submit a request to waive his RE-3 code if he desires to enlist.



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)                                         AR20090002943



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002943



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1