IN THE CASE OF:
BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090020011
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 a code that will allow him to enlist.
2. The applicant states he believes it to be unjust that he was given an RE Code of 4, which prohibits him from enlisting in a different military occupational specialty (MOS). He goes on to state that he believes he deserves a second chance at a career in the U.S. Army. He states serving his country is his greatest passion and must be pursued. He also states that he admits what he did was wrong and unacceptable, but the fact is he has changed his ways and wishes to enlist.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 30 January 1988. He enlisted in the Regular Army (RA) on 22 March 2007 for a period of 3 years, training as a parachute rigger in MOS 92R, a cash enlistment bonus, and a seasonal enlistment bonus. He completed his training and was assigned to Fort Benning, GA for his first and only duty assignment.
2. On 2 November 2007, the applicant underwent a medical examination for enrollment in the Army Substance Abuse Program (ASAP) due to alcohol abuse. He was an underage drinker at the time.
3. On 15 January 2008, nonjudicial punishment was imposed against the applicant for wrongfully using cocaine between 27 November and 27 December 2007, wrongfully consuming alcohol on 31 December 2007, and being disrespectful in deportment towards a superior noncommissioned officer (NCO). His punishment consisted of a reduction to the pay grade of E-1, forfeiture of pay, and extra duty and restriction. He did not appeal his punishment.
4. On 24 January 2008, the applicants commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Separations), paragraph 14-12c, for commission of a serious offense (Misconduct - Drug Abuse). He cited the applicants wrongful use of cocaine as the basis for his recommendation.
5. After consulting with defense counsel, the applicant elected not to submit a statement in his own behalf.
6. The appropriate authority approved the recommendation for discharge on 4 February 2008 and directed that he be furnished a General Discharge Certificate.
7. Accordingly, the applicant was discharged under honorable conditions on 15 February 2008 under the provisions of Army Regulation 635-200, paragraph 14-12c (2) for Misconduct (Drug Abuse). He had served 10 months and 24 days of total active service and he was issued a Separation Program Designator (SPD) Code of JKK and an RE Code of 4.
8. Army Regulation 635-200 further states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR). Table 3-1 included a list of the RA RE codes:
a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met.
b. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted.
c. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification, such as commission of serious offenses, which includes the abuse of illegal drugs. They are ineligible for enlistment.
DISCUSSION AND CONCLUSIONS:
1. 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 the aforementioned requirement.
2. The applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
3. Notwithstanding the applicants belief that he should be afforded a second chance to reenter the service, the applicable regulations indicate that he was properly issued an RE code of 4 based on his SPD Code of JKK which is indicative of Misconduct (Drug Abuse).
4. The applicant has failed to show through the evidence submitted or the evidence of record that the RE code issued to him at the time of his separation was in error or unjust.
5. Based on the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090020011
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