IN THE CASE OF:	  

		BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090010764 


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 correction of appropriate military records to show a reentry eligibility (RE) code 3 or an RE code 2.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude enlistment.

2.  The applicant states that while he was in the Army, he tested positive for cocaine and that this was a mistake that sent his life in a downward spiral.  He states that he lost his dream of being a United States Army Soldier and that he also lost the respect of his family, friends and the Soldiers with whom he trained. He states that he feels shame and regret with each passing day and that he has made a mistake that will follow him for life.  He states that he is a man that stands taller and that he believes that a person can change with hard work.  He states that he has become a better father, husband and son.  He requests that the United States Army give consideration to changing his RE code to RE-2 or Re-3.  He states that he has worked hard to overcome his past and that he has not seen, touched, talked about or used any type of drugs since he failed his urinalysis on 19 June 2007.

3.  The applicant provides a list of references; a copy of Orders 120-631 dated 30 April 2007 (Permanent Change of Station); a copy of his Individual Training Record for Basic Combat Training; and a copy of Orders 219-0010 dated 7 August 2007 (Reassignment).



CONSIDERATION OF EVIDENCE:

1.  On 7 March 2007, the applicant enlisted in the Regular Army in Columbus, Ohio, for 3 years, in the pay grade of E-1.

2.  On 26 June 2007, the applicant was counseled for violation of illegal substance abuse.  The Summary of Counseling indicates that the applicant and his entire unit were administered a 100 percent urinalysis and when the results were received, it showed the applicant had tested positive for cocaine.  During his counseling, the applicant was told that the Army's policy and the unit's policy was zero tolerance on drugs; that he had violated the policies; and that he had a total disregard for the policies.  He was told that his behavior would not be tolerated.  During the counseling the applicant was informed of the types of discharges that he could receive and the affects of a less than honorable discharge for misconduct or unsatisfactory performance.  The applicant was told that he was being recommended for the imposition of action under the Uniform Code of Military of Justice.  The applicant initialed that he agreed with the information that received during his counseling.

3.  On 27 July 2007, nonjudicial punishment was imposed against the applicant for wrongfully using cocaine, a controlled substance, on or about 19 June 2007.  His punishment consisted of a forfeiture of pay in the amount of $600.00 per month for 2 months, to be automatically remitted if not vacated before 16 January 2008, extra duty for 45 days and restriction for 45 days, 15 days of both suspended, to be automatically remitted if not vacated before 16 January 2008.

4.  The applicant underwent a Mental Status Evaluation on 31 July 2007 and he was cleared for any administrative action deemed appropriate by his command.

5.  On 31 July 2007, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14-12c, for misconduct, abuse of illegal drugs.  He acknowledged receipt of the recommendation and after consulting with counsel, did not elect to submit a statement in his own behalf.

6.  The appropriate authority approved the recommendation for discharge on 2 August 2007, and he directed the issuance of an entry level separation with an uncharacterized discharge.





7.  Accordingly, on 7 August 2007, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14-12c(2), for misconduct, abuse of illegal drugs.  He had completed 5 months and 1 day of net active service this period and his service was uncharacterized.  He was assigned a JKK separation code and an RE code 4.

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 RA and the 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, including RA RE codes.  

9.  Army Regulation 601-210 provides the guidance for the issuance of RE codes upon separation from active duty.  It states, in pertinent part, that these codes are not to be considered derogatory in nature, they are simply codes that are used for identification of an enlistment processing procedure.  When a Soldier is assigned a JKK separation code, he/she is assigned an RE-4 code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his should be corrected to show an RE code 3 or an RE code 2.  His contentions have been noted.  However, the applicant was separated and assigned an RE code in accordance with regulations.

2.  There appears to be no basis for removal or waiver of the disqualification which established the basis for the RE code 4 that the applicant was assigned.

3.  The applicant's contentions regarding the type of person that he is today have also been noted.  However, they are not sufficiently mitigating to warrant the requested relief.  He was discharged for misconduct and he was assigned an RE code 4.  The applicant has not shown that an error or injustice exists in the RE code that was assigned to him at the time of his discharge and based on the available evidence of record the RE code 4 that he was assigned was proper.

4.  In order to justify correction of a military record the applicant must show 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.

5.  In view of the foregoing, there is no basis for granting the applicant's request.


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)                                         AR20090010764



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ABCMR Record of Proceedings (cont)                                         AR20090010764



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