BOARD DATE: 21 January 2010
DOCKET NUMBER: AR20090013447
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 from RE-4 to RE-1 so he can enlist.
2. The applicant states, in effect, that he believes the RE-4 code was unjust and in error for the following reasons: (1) he voluntarily attended and successfully completed an in-patient drug and alcohol program to develop himself as an individual and address any issue that may have contributed to the incident that caused the Army discharge, and he learned skills to avoid alcohol abuse and skills to resist further misconduct; (2) his discharge was based on an episode and not a fair or complete representation of him as an individual or mature adult; and (3) he was under the impression at the time of discharge with an RE-4 that he would be eligible to enlist after a period of at least 6 months.
3. The applicant states that since his discharge he continues to be active and productive, that he attended classes at the community college while working 30 hours a week at a local company, that he has been attending a business school majoring in computer networking while working part-time, that he completed an in-patient drug and alcohol program to emphasize the sincerity of his request for an RE code change and also to address any personal issues and ultimately make him a better individual, and that he has not had any incidents or occurrences since the incident that result in his discharge.
4. The applicant provides a letter, dated 20 July 2009, from a Member of Congress; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), reissued on 9 September 2008; a copy of his original DD Form 214; and an Honorable Discharge Certificate in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 27 July 2006 and trained as a combat engineer.
2. On 21 February 2007, the applicant received a letter of reprimand for driving under the influence of alcohol and underage drinking.
3. On 26 February 2007, nonjudicial punishment was imposed against the applicant for cocaine use. His punishment consisted of a forfeiture of pay, extra duty, and restriction.
4. On 26 September 2007, the applicant was discharged with a general discharge for misconduct (drug abuse).
5. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "Army Regulation 635-200, paragraph 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. On 9 September 2008, the Army Discharge Review Board upgraded the applicant's discharge to an honorable discharge.
7. 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, 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 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.
9. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
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 contentions and post-service accomplishments were noted. However, his 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.
_________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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