IN THE CASE OF:
BOARD DATE: 24 SEPTEMBER 2009
DOCKET NUMBER: AR20090007840
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 eligibility (RE) code be changed so he can enlist in the Army.
2. The applicant states that he made a serious mistake one time and he does not feel it should preclude him from serving his country again.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 11 January 2006. He trained as a wheeled vehicle mechanic.
2. On 26 October 2006, nonjudicial punishment was imposed against the applicant for failing to go to his appointed place of duty (five specifications) and disobeying a lawful order. His punishment consisted of a forfeiture of pay (suspended), extra duty, and restriction.
3. On 27 October 2006, nonjudicial punishment was imposed against the applicant for using marijuana. His punishment consisted of a forfeiture of pay, extra duty, and restriction. The suspended portion of the applicant's punishment imposed on 26 October 2006 was vacated.
4. On 4 December 2006, the applicant was discharged under honorable conditions (a general discharge) for misconduct (drug abuse).
5. Item 25 (Separation Authority) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the entry "AR 635-200,
PARA 14-12C(2)." Item 26 (Separation Code) of his DD Form 214 shows the entry "JKK." Item 27 (Reentry Code) of his DD Form 214 shows the entry "4." Item 28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "MISCONDUCT (DRUG ABUSE)."
6. 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 (Personnel Separations), paragraph 14-12c(2).
7. 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 (Active and Reserve Components Enlistment Program) 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.
8. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
9. 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.
10. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
11. 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 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.
___________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) AR20090007840
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