DOCKET NUMBER:  AR20090003333 


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 entry (RE) code of RE-4 be upgraded.

2.  The applicant states, in effect, that he would like the opportunity to rejoin the Army.  He made one mistake and that is not a true definition of his character.  The applicant adds that he made a mistake on 1 January 2008, by abusing marijuana.  He knew that it was illegal and immoral as a Soldier.  It was one lesson that he will never need to learn again.  He would like a chance to rejoin the Army and prove to himself and his family that that was not a true definition of who he is.  He is married and has a child on the way and they are now his main concern today.  He has to be a responsible husband and father now and ask for one more chance to prove himself, to them and to the Army.  He served 45 days extra duty, on post restriction and received only half his pay for 2 months.  He finally states that he deserved the punishment and will always regret that decision.  He did not want to be discharged and enjoyed being a 13F (Fire Support Specialist) very much.  He still remembers his training and would like to serve his country again.      

3.  The applicant provides a self – authored letter in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army and entered active duty on 13 June 2007.  He successfully completed basic training and advanced individual training (AIT).  Upon completion of AIT, he was awarded military occupational specialty (MOS) 13F.  The highest grade he attained was pay grade E-2.

2.  On 5 March 2008, the applicant received nonjudicial punishment for the wrongful use of marijuana between 7 December 2007 and on or about 7 January 2008.  His imposed punishment was a reduction to pay grade E-1, a forfeiture of $670.00 pay per month for 2 months, 45 days restriction, and extra duty.  

3.  On 15 April 2008, the applicant was informed of his unit commander's intent to process him for separation under the provisions of paragraph 14-12c, Army Regulation 635-200 (Personnel Separations), by reason of misconduct – commission of a serious offense (abuse of illegal drugs).  The unit commander cited the applicant's wrongful use of marijuana as the basis for taking the action.

4.  On 16 April 2008, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action and its effects and of the rights available to him, and he waived his right to an administrative separation board and to consulting counsel.

5.  On 30 April 2008, the separation authority approved the applicant's discharge and directed that the applicant receive a general discharge under honorable conditions.

6.  On 6 June 2008, the applicant was discharged after completing a total of 
11 months and 24 days of active military service.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows he held the rank of PV1 on the date of his discharge and that he was separated under the provisions of paragraph 14-12c, Army Regulation 635-200, by reason of misconduct – Drug Abuse with a general discharge.   The DD Form 214 shows that he was assigned a Separation Program Designator (SPD) code of JKK and an RE code of RE-4.  

7.  Army Regulation 635-200 sets forth the policy 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 serious offense, conviction by civil authorities, desertion, or absences 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.  Army policy states that a discharge under other than honorable conditions is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.

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 and processing into the Regular Army (RA) and the US 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, including RA RE codes.  RE-4 applies to persons who are permanently disqualified for continued Army service.

9.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of JKK is the appropriate code to assign Soldiers separated under the provisions Army Regulation 635-200, chapter 14-12c, by reason of misconduct (Drug Abuse).  

10.  The SPD/RE Code Cross Reference Table states that when the SPD is JKK, then an RE code of 4 will be given.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions were carefully considered.  However, by regulation, the RE-4 code assigned to the applicant was the proper code to assign members separating under the provisions of Army Regulation 635-200, Chapter 14-12c for misconduct (Drug Abuse).  The applicant’s record shows that he violated the Army’s policy not to possess or use illegal drugs, which compromised the trust and confidence placed in a Soldier.  The applicant as a Soldier had a duty to support and abide by the Army’s drug policies.  By abusing illegal drugs, the applicant risked a military career.  Therefore, there is no evidence nor has the applicant presented any evidence to warrant relief.  As a result, the RE-4 code and the narrative reason for separation were and still are appropriate.  

2.  The evidence of record confirms the applicant’s separation processing was accomplished in accordance with the applicable regulation.  This includes the assignment of his SPD and RE codes.  All requirements of law and regulation were met and the rights of the applicant were protected throughout the separation process.  

3.  RE-4 applies to persons who are permanently disqualified for continued Army service.

4.  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.

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)                                         AR20090003333



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ABCMR Record of Proceedings (cont)                                         AR20090003333



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