IN THE CASE OF:
BOARD DATE: 08 June 2010
DOCKET NUMBER: AR20090017546
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 to an RE code of 1.
2. The applicant states according to his chapter packet, all recommendations from his chain of command were that he be retained in the Army and that he be able to choose a different military occupational specialty. He believes these positive recommendations were disregarded and not valued by the commander.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* photograph of himself
* a copy of his discharge proceedings and recommendations
* letter dated 24 November 2009 from a Member of Congress
* letter dated 21 October 2009
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 January 2009.
2. On 4 August 2009, nonjudicial punishment was imposed against the applicant for marijuana use. His punishment consisted of a reduction to E-1, a forfeiture of pay, extra duty, restriction, and an oral reprimand.
3. On 1 September 2009, the applicant was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12c(2), for misconduct (abuse of illegal drugs). The unit commander recommended the applicant be issued a general discharge for wrongfully using marijuana. The intermediate commander recommended the applicant be retained and if separated that his service be characterized as general. Three favorable recommendations were submitted in his behalf (by two staff sergeants and a sergeant first class). The recommendations indicated the applicant should be retained in the service.
4. On 23 September 2009, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge, under honorable conditions.
5. On 25 September 2009, the applicant was issued a general discharge for misconduct (drug abuse).
6. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, PARA [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)."
7. Army Regulation 635-5-1 (Separation Program Designator (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 states the reason for discharge based on separation code "JKK" is "Misconduct (Drug Abuse)" 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 SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD of JKK will be assigned an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends all recommendations from his chain of command were that he be retained in the Army, evidence of record shows on
1 September 2009 his unit commander initiated action to separate him for wrongfully using marijuana and recommended that he be issued a general discharge. Although other members of his chain of command recommended he be retained, the separation approval authority was not bound by those recommendations.
2. The applicants RE code was administratively correct and in conformance with applicable regulations at the time of his separation. There is no error in his records and he provides an insufficient reason that would justify changing his RE code.
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) AR20090017546
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ABCMR Record of Proceedings (cont) AR20090017546
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