IN THE CASE OF:
BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090008232
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 to an RE-3.
2. The applicant states he needs to have an RE-3 to get a waiver in order to reenlist. He made a major mistake but he doesn't feel he should be barred from reenlisting.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant served on active duty from 25 July 2007 through 23 June 2008 and was discharged under honorable conditions for misconduct - drug abuse with an RE-4.
2. On 14 April 2008 the applicant's command was notified that the applicant had tested positive on a command directed urinalysis for both cocaine and marijuana.
3. The applicant received negative general counseling statements as follows on:
a. 19 February 2008, for being absent from his place of duty on 12 and 13 February 2008;
b. 21 April 2008, for wrongful use possession and use of cocaine. It is noted that the applicant was absent from his place of duty when caught in the act of using cocaine in his barracks room;
c. 9 May 2008, for failure to report to his place of duty;
d. 12 May 2008, for underage drinking, drinking on duty, and failure to obey an order or regulation;
e. 12 May 2008, for failure to report to his place of duty;
f. 15 May 2008, for disobeying a direct order from a noncommissioned officer; and
g. 15 May 2008, for dereliction of duty and failure to wear the correct uniform for physical training.
4. On 7 May 2008, the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for wrongfully use cocaine. The punishment imposed was reduction to private (E-1); forfeiture of $673.00 pay per month for two months; extra duty for 45 days; and restriction to the limits of the battalion area for 45 days.
5. On 23 June 2008, the applicant was administratively discharged under the provisions of Army Regulation 635-200, paragraph 14-12C(2) for misconduct - drug abuse with a separation code of JKK and an RE code of 4.
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214. It indicates that a separation under the provisions of Army Regulation 635-200, chapter 14-12c(2) mandates an SPD of JKK.
7. The SPD/RE Code Cross-Reference Table indicates an SPD of JKK requires an RE code of 4.
8. Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time. In general, those who receive an Army RE code of 1 may reenlist in the Army or another service with no problem. Individuals with an RE code of "3" can normally reenlist but will require a waiver
to be processed. Individuals with an Army RE code of "4" are normally not eligible to reenlist in the Army, nor join another service. Further, an RE-4 is required for persons separated in pay grade E-2 and below.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he needs to have an RE-3 to get a waiver in order to reenlist. He made a major mistake but he doesn't feel he should be barred from reenlisting.
2. Not only did the applicant illegally use cocaine in the barracks, he did it while being absent from his place of duty. Added to the drug charge, he also had a pattern of failure to go to his place of duty and was found not only drinking alcohol underage but on duty.
3. The applicant states he made "a mistake" but does not appear to be repentant and he does not give any rationale to mitigate any of his misconduct.
4. The RE Code was both proper and met all regulatory requirements. Furthermore, in addition to drug abuse being eligible for a bar to reenlistment, he was discharged in pay grade E-1 which also requires an RE-4 and precludes his reenlistment.
5. 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.
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