BOARD DATE:	  17 June 2010

		DOCKET NUMBER:  AR20090021591 


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 her reentry eligibility (RE) code of 4 to a code that will allow her to reenter the military.

2.  The applicant states, in effect, her commander informed her she would be assigned an RE code that would allow her to reenter the military after a period of 6 months provided she completed a drug program and consented to be subjected to frequent drug testing.

3.  The applicant provides copies of:

* a military correspondence course transcript
* a Certificate of Completion for Anti-Terrorism Level 1 Awareness Training
* a Certificate of Completion for Alcohol and Drug Abuse Prevention Training (ADAPT)
* a Certificate of Attendance for an Alcohol and Substance Abuse Program (ASAP)
* a self-authored statement
* three character reference letters
* a portion of a response from a Member of Congress (MOC)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 30 September 2008.  The applicant did not complete initial entry training and was not awarded a military occupational specialty.

2.  On 3 January 2009, she failed a scheduled unit urinalysis test.

3.  The applicant provides two certificates showing she completed ADAPT on 17 March 2009 and ASAP on 20 March 2009.

4.  The applicant also provides a self-authored statement, dated 24 March 2009, wherein she appealed to her company commander to allow her to remain in the Army.  She took full responsibility for her actions and stated she had made a mistake that would not happen again.

5.  The applicant further provides three letters rendered on her behalf by her associates, wherein they attest to the quality of her character and ask that her chain of command permit her to continue serving in the Army.

6.  The applicant was discharged on 14 April 2009.  The specific facts and circumstances surrounding her discharge action are not available for review.  However, her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged under the provisions of Army Regulation 
635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c(2) for Misconduct (Drug Abuse).  At the time of her discharge, she had completed 6 months, and 15 days of active service and held the rank/pay grade of private (PV2)/E-2.  

7.  Her DD Form 214 also shows she received:

* an "Honorable" characterization of service
* a Separation Program Designator (SPD) code of "JKK"
* an RE code of 4

8.  The applicant's record is void of evidence and she has failed to provide any evidence showing her commander informed her she would be able to reenter the military after a period of 6 months provided she completed a drug program and consented to be subjected to frequent drug testing.

9.  The applicant provides a portion of a response provided to an MOC that was apparently rendered by the Chief of Staff of the U.S. Army Basic Combat Training Center of Excellence, Fort Jackson, South Carolina, dated 15 October 2009.  The MOC was advised that the applicant failed a scheduled unit urinalysis test on 3 January 2009.  As a result, she was separated from service on 14 April 2009 in accordance with Army Regulation 635-200 with an honorable characterization of service and assigned an RE code of 4.  

10.  The Chief of Staff noted the applicant's honorable characterization of service and the RE code were not typically compatible, but went on to explain the separation authority could approve an honorable discharge when disqualifying entries in the Soldier's military record were outweighed by subsequent honest and faithful service over a greater period of time during the current term of service.  He informed the MOC the applicant was separated from service for the commission of a serious offense and her RE code of 4 meant she could not reenter the military.  He concluded by stating her commission of this offense made her ineligible to receive the alternate Entry Level Separation of Chapter 11, that is only authorized for Soldiers with less than 180 days of service.  On 
20 October 2009, the MOC forwarded a copy of this response to the applicant.

11.  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 of term of service.   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.  

12.  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 Army Regulation 635-200, paragraph 14-12c(2), for Misconduct (Drug Abuse).

13.  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.

14.  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 this 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her 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 her narrative reason for separation and her 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 any evidence that would satisfy this requirement and there is no basis for granting her 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)                                         AR20090021591



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ABCMR Record of Proceedings (cont)                                         AR20090021591



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