IN THE CASE OF:	  

		BOARD DATE:	       16 JULY 2009

		DOCKET NUMBER:  AR20090006618 


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 reentry eligibility (RE) code of RE-4 be changed to an RE code of RE-3.  

2.  The applicant states, in effect, he is requesting that his RE code of RE-4 be upgraded to an RE code of RE-3 in order to allow him to reenter the military.  He states he is now enrolled in college and working part time.  However, he would love to reenter the armed forces.  He claims he has matured and learned from his mistakes and he is requesting a second chance.  He also states he has a child coming and is looking for a career change to provide a better life for his child.  

3.  The applicant provides a self-authored statement and a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army (RA) and entered active duty on 1 April 2004.  He was trained in, awarded, and served in military occupational specialty (MOS) 14S (Avenger Crewmember).  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.  

2.  The applicant's record shows that during his tenure on active duty he earned the Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.

3.  On 1 May 2006, the applicant accepted non-judicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for wrongfully using methamphetamines.  His punishment for this offense was a reduction to private/E-1 (PV1), a forfeiture of $636.00 pay per month for 2 months, and
45 days of restriction and extra duty.  

4.  On 30 June 2006, the unit commander notified the applicant that he was initiating action to separate him under the provisions of paragraph 14-12c, 
Army Regulation 635-200, by reason of commission of a serious offense.  He cited the applicant’s wrongful use of methamphetamines as the reason for the proposed separation action.   

5.  On 5 July 2006, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action, its effects, of the rights available to him, and of the effect of waiver of those rights.  Subsequent to this counseling, the applicant voluntarily waived consideration of his case by an administrative separation board and elected not to submit a statement in his own behalf.  

6.  On 14 July 2006, the separation authority approved the applicant’s separation 
under the provisions of paragraph 14-12c, Army Regulation 635-200, and directed that he receive a general discharge (GD), under honorable conditions.  On 3 August 2006, the applicant was separated accordingly.  

7.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant upon his 3 August 2006 discharge shows he separated under the provisions of paragraph 14-12c(2), Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), by reason of misconduct (Drug Abuse).  Item 24 (Character of Service) contains the entry "Under Honorable Conditions (General)" and based on the authority and reason for discharge, he was assigned the Separation Program Designator (SPD) code of JKK in item 26 (Separation Code) and the corresponding RE code of RE-4 in item 27 (Reentry Code).


8.  On 17 February 2009, the Army Discharge Review Board (ADRB), after reviewing the applicant’s case, voted to upgrade the characterization of his service to fully honorable.  However, it was determined that the reason for separation and the assigned RE code of RE-4 were both proper and equitable and voted not to change them.  

9.  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 RA and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE codes, including RA RE codes.  RE-4 applies to members permanently disqualified from further service.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. 

10.  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.  It states, in pertinent part, that the SPD code of JKK is the appropriate code to assign to Soldiers separated under the provisions of paragraph 14-12c(2), Army Regulation 635-200, by reason of misconduct (commission of a serious offense – drug-related).  The SPD/RE Code Cross Reference Table establishes RE-4 as the proper code to assign members separated with the SPD code of JKK.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE-4 code should be upgraded to an RE code of RE-3 to allow him to reenter military service so that he may be able to provide a better life for his family was carefully considered.  However, this factor is not sufficiently mitigating to warrant a change of his RE code at this time.

2.  By regulation an RE-4 is the proper code to assign Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct based on the commission of a drug-related offense.  The applicant knowingly risked his military career by using illegal drugs and this misconduct clearly supported the ultimate discharge action taken that resulted in the assigned RE code.  As a result, the assigned RE code was appropriate and it remains appropriate based on the authority and reason for separation. 


3.  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 the aforementioned 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.




      _______ _   XXX_______   ___
               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)                                         AR20090006618



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ABCMR Record of Proceedings (cont)                                         AR20090006618



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