BOARD DATE:	  8 June 2010

		DOCKET NUMBER:  AR20090020286 


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 the reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to 3 or higher.

2.  The applicant states: 

	a.  his RE code is inequitable because it is based on one isolated incident in 28 months of service with no other adverse action, 

	b.  prior to the incident for which he was discharged he had no other offenses on record and received only excellent to outstanding evaluation ratings, and

	c.  he was not informed of the required rebuttal submission time frame.

3.  The applicant provides:

* certificate of recognition from a civilian employer
* Army certificate of achievement
* DA Form 4874 (Certificate of Promotion)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 June 2003 and was trained in and awarded military occupational specialty 94E (Radio and Communications Security Repairer).

2.  A DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) shows the applicant accepted nonjudicial punishment on 17 December 2005 for wrongfully using methylenedioxyamphetamine, 
d-methamphetamine, methamphetamines, and marijuana.  He did not demand trial by court-martial and presented no matters in defense, mitigation, and/or extenuation.  His punishment was a reduction to E-1 and restriction and extra duty for 45 days.  He did not appeal.

3.  On 6 January 2006, the applicant acknowledged receipt of a letter from his immediate commander notifying him of a pending discharge action against him for commission of a serious offense under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, and that he was being recommended for a general discharge.

4.  The applicant consulted with legal counsel and was advised of the basis for contemplated separation for commission of a serious offense and its effects, the rights available to him, and the effect of any action taken by him in waiving his rights.  The applicant understood that he could expect to encounter substantial prejudice in civilian life if he received a general discharge under honorable conditions and that, as the result of a discharge under other than honorable conditions, he could be ineligible for many or all benefits as a veteran under Federal and State laws.  He did not submit statements on his behalf and requested representation by military counsel.

5.  On 15 March 2006, the separation authority approved the applicant's discharge for commission of a serious offense under the provisions of Army Regulation 635-200, paragraph 14-12c and directed the applicant receive a characterization of service of general under honorable conditions.  On 31 March 2006, the applicant was discharged accordingly.  He completed 2 years, 9 months, and 13 days of creditable active military service.

6.  A DD Form 214 bearing the applicant's signature in item 21 (Signature of Member Being Separated) shows the following:

* item 25 (Separation Authority), Army Regulation 635-200, paragraph 
14-12c(2)
* item 26 (Separation Code), JKK
* item 27 (Reentry Code), 4

7.  On 7 April 2010, the Army Discharge Review Board (ADRB) informed the applicant that his application to upgrade his discharge was denied.  The ADRB directed no change to the applicant's RE code.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service.  Individuals in pay grades E-5 and above must be processed for separation upon discovery of a drug offense.  Those in pay grades below E-5 may also be processed after a first drug offense and must be processed for separation after a second offense.  The issuance of a discharge under other than honorable conditions is normally considered appropriate.

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  SPD code JKK is the correct code for Soldiers separated under paragraph 14-12c(2) of Army Regulation 635-200.

10.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD codes and corresponding RE codes.  The SPD code JKK has a corresponding RE code 4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his RE code was carefully considered, but it is not supported by the evidence.

2.  The applicant's separation for misconduct was proper and equitable and in accordance with the regulations in effect at the time.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  The applicant states he was not informed of the required rebuttal submission time frame.  The record is void of documentation showing the applicant attempted to submit a rebuttal to the charge for which he accepted nonjudicial punishment or a rebuttal to his recommended discharge.  However, there is no evidence to show he was not offered the opportunities to do so.

4.  The applicant's SPD code and corresponding RE code were assigned because he was discharged under the provisions of paragraph 14-12c(2) of Army Regulation 635-200.  The appropriate SPD code associated with this discharge is JKK and the corresponding RE code is 4.  Therefore, he is not entitled to correction of his DD Form 214 to change 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)                                         AR20090020286



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ABCMR Record of Proceedings (cont)                                         AR20090020286



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