IN THE CASE OF:
BOARD DATE: 9 July 2009
DOCKET NUMBER: AR20090003057
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 so he can reenlist.
2. The applicant states, in effect, that his RE code is in error and unjust because he should have the ability to reenlist. He states that at the time in question he was asked if he wanted to stay in the military even if it meant he had to redo advanced individual training (AIT) and change his military occupational specialty and he decided not to stay in the military and asked for a discharge. However, since his separation he misses the structure and brotherhood he felt in the Army and wants to reenlist. He goes on to state that the other Soldiers who chose to stick around were allowed to stay in the Army and are serving proudly. It is unjust that the other Soldiers who committed the same offense were allowed to stay in and serve. He points out that he was the student first sergeant in AIT for nearly the whole term and he proved to be a very able and professional Soldier.
3. The applicant provides no additional documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U. S. Army Reserve on 13 August 2007 for a period of 8 years. He entered active duty on 5 September 2007.
2. On 7 February 2008, nonjudicial punishment was imposed against the applicant for using heroin. His punishment consisted of a reduction to E-2, a forfeiture of pay, extra duty, and restriction.
3. On 29 February 2008, the applicant was discharged under other than honorable conditions for misconduct (drug abuse).
4. Item 25 (Separation Authority) on the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 applicant's contentions were 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.
_______ _ 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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