IN THE CASE OF:
BOARD DATE: 15 December 2009
DOCKET NUMBER: AR20090009051
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 (RE) code be changed from RE-4 to RE-3 so that he can enlist.
2. The applicant states that he only failed one drug test for marijuana as a private because he was having domestic problems with his wife who was extremely suicidal. He contends that he was young, he was in a stressful situation, and did not know how to handle the stress. He knows he made a mistake, but he has matured, he has completed a drug rehabilitation program, and he attended college to receive his Associate Degree in Business Administration and Accounting with a 3.0 GPA [grade point average].
3. The applicant provides a memorandum from a staff psychiatrist, dated 30 March 2007; a character reference; his DD Form 214 (Certificate of Release or Discharge from Active Duty); a certificate from the Bronx-Lebanon Hospital Center, Department of Psychiatry, Inpatient Substance Abuse Services; and an Enrollment Verification Notice from the ASA Institute of Business and Computer Technology in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 27 December 2005.
2. On 13 February 2007, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) for wrongfully using marijuana on or about 9 February 2007.
3. The applicant was subsequently discharged on 19 April 2007 under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), paragraph 14-12c(2) by reason of misconduct - drug abuse with issuance of a general, under honorable conditions discharge. He completed 1 year, 4 months, and 22 days of active military service.
4. His DD Form 214 shows he was issued an RE code of RE-4 and a Separation Program Designator (SPD) code of "JKK" (Misconduct-Drug Abuse).
5. The applicant provided a statement from a staff psychiatrist at the Darnall Army Medical Center, Fort Hood, TX. The psychiatrist stated he had psychiatrically examined the applicants spouse and it was his medical opinion that she suffered from a Borderline Personality Disorder.
6. The applicant provided a character reference statement from a staff sergeant assigned to the 2nd Infantry Division in Korea. The staff sergeant recommended the applicant for enlistment in the U.S. Army for a chosen military occupational specialty and described him as being responsible, mature, and extremely dedicated to his zest for the U.S. Army and its doctrines.
7. Army Regulation 635-5-1 (SPD 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 shows that the separation program designator JKK as shown on the applicants DD Form 214 specifies the narrative reason for discharge as Misconduct-Drug Abuse and that the authority for discharge under this SPD is Army Regulation 635-200, paragraph 14-12c(2)."
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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve (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. RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
10. Table 2-3 of the SPD/RE Code Cross Reference Table establishes RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct - drug abuse.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was having domestic problems, was young, and was in a stressful situation. However, these factors are insufficiently mitigating to warrant the relief requested.
2. The applicants request that his RE code of "4" be changed so that he may reenter military service was considered; however, it does not serve as a basis to change a properly assigned RE code regardless of the Armys current enlistment policies.
3. The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed. His narrative reason for discharge was based on his misconduct drug abuse and there is no basis upon which this reason should be changed. In view of the foregoing, there is no basis for granting relief to the applicant in this case.
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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