IN THE CASE OF:
BOARD DATE: 2 June 2009
DOCKET NUMBER: AR20090003156
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect a more favorable Reentry (RE) Code.
2. The applicant states, in effect, that he believes he was assigned the wrong RE Code because he was told that he would be able to reenter the Armed Forces in 2 years. However, officials at the recruiting station in El Paso, Texas told him that he needs to have the RE Code changed before he can reenter the Armed Forces.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 31 October 1980 and enlisted in the Regular Army with a moral waiver in San Antonio, Texas on 2 November 2004 for a period of 3 years and 27 weeks, training as a chemical operations specialist and a cash enlistment bonus. He completed his training at Fort Leonard Wood, Missouri and was transferred to Germany on 24 May 2005.
2. On 9 June 2006, nonjudicial punishment (NJP) was imposed against the applicant for disobeying a lawful order issued by the battalion commander not to go to an off limits area and for striking another Soldier in the eye. His punishment consisted of a reduction to the pay grade of E-2, a forfeiture of pay (suspended for 6 months), extra duty and restriction.
3. On 8 March 2007, NJP was imposed against the applicant for the wrongful use of cocaine. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.
4. On 27 March 2007, the applicant's commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, chapter 14, for commission of a serious offense. He cited the applicant's disciplinary record as the basis for his recommendation and advised the applicant that he was recommending that he be issued a General Discharge.
5. On 30 March 2007, after consulting with counsel, the applicant submitted a request for a conditional waiver in which he agreed to waive appearance before an administrative separation board based on him receiving a general discharge. He also declined the opportunity to submit a statement in his own behalf.
6. The appropriate authority approved the recommendation for discharge on 11 April 2007 and directed that the applicant be furnished a General Discharge Certificate.
7. Accordingly, the applicant was discharged under honorable conditions on 20 April 2007, under the provisions of Army Regulation 635-200, paragraph 14-2c (2), for misconduct (drug abuse). He had served 2 years, 5 months and
19 days of total active service and he was assigned a separation code of "JKK" and an RE Code of "4."
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 USAR. 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. Army Regulation 635-5-1 provides that a separation code of JKK will be issued to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, paragraph 14-12c(2), due to misconduct. An RE Code of 4 is issued for a JKK separation code.
10. An RE code of 4 indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification such as commission of serious offenses, which includes the abuse of illegal drugs.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
3. The applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct due to abuse of illegal drugs and he was properly assigned a separation code of JKK and an RE Code of 4 in accordance with the applicable regulations.
4. Inasmuch as the applicant has failed to show through the evidence submitted or the evidence of record that the RE code issued to him at the time of separation was in error or unjust, there appears to be no basis to grant his request.
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) AR20090003156
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ABCMR Record of Proceedings (cont) AR20090003156
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