IN THE CASE OF:
BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20090021420
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 an upgrade of his reentry eligibility (RE) code of 4.
2. The applicant states he desires his RE code to be upgraded to one which will make him eligible to reenter the military.
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's record shows he enlisted in the Regular Army (RA) on 21 June 2007. He completed basic combat training and advanced individual training (AIT). Upon completion of AIT, he was awarded military occupational specialty 92Y (Unit Supply Specialist). The highest rank/grade he attained while serving on active duty was private (PV2)/E-2. However, at the time of separation he held the rank/grade of private (PV1)/E-1.
2. On 23 July 2008, the Alcohol and Drug Control Officer of U.S. Army Garrison, Fort Lewis, Washington, sent a memorandum to the applicant's company commander advising him of the mandatory command and staff actions required by Army Regulation 600-85 (The Army Substance Abuse Program) and local directives as a result of the applicant testing positive for an illegal substance on six urinalysis tests rendered on 3 April, 16 May, 30 May, 5 June, 27 June, and 11 July 2008.
3. On 26 August 2008, the applicants unit commander notified him he was initiating action which could result in his separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12c(1), for commission of a serious offense consisting of misconduct-abuse of illegal drugs.
4. On 4 September 2008, the separation authority approved the unit commander's request and directed that the applicant be separated under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c(1), with a general discharge.
5. On 30 September 2008, the applicant was discharged accordingly. His DD Form 214 shows he was:
* issued a general discharge
* discharged under the provisions of Army Regulation 635-200, paragraph 14-12c
* assigned a Separation Program Designator code of JKK
* assigned an RE code of 4
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of the regulation 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 term of service date. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldiers overall record.
7. Army Regulation 635-5-1 (SPD Codes), in effect at the time of the applicant's separation, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It stated, in pertinent part, that the SPD code of JKK was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for Misconduct (Drug Abuse).
8. The SPD/RE Code Cross Reference Table indicates that an RE code of 4 was the proper code to assign members separated with an SPD code of JKK at the time of the applicant's discharge.
9. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the United States Army Reserve (USAR). Chapter 3 of that regulation prescribes the basic eligibility for prior service applicants for enlistment. This chapter includes a list of armed forces RE codes, including RA RE codes:
a. RE code 1 applies to persons who are considered fully qualified for reentry or continuous service at the time of separation.
b. RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
c. RE code 4 applies to persons separated from their last period of service with a nonwaivable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at the time of separation, or those separated for any reason (except length of service retirement) with 18 or more years AFS.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his RE code should be upgraded was carefully considered and determined to lack merit.
2. The applicant was appropriately assigned an RE code of 4 based on his narrative reason for separation and his SPD code.
3. 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 did not submit evidence that would satisfy this requirement and there is no basis for granting his 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) AR20090021420
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ABCMR Record of Proceedings (cont) AR20090021420
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