IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090021735 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code which would allow him to reenter the military.

2.  The applicant states he knows that he made a huge mistake causing his discharge from the Army.  He states he is currently employed but barely earns enough to pay his rent.  He states that he wants to join the Army to provide for his fiancé and 2-year old daughter.  He further states that he was unaware at the time how extremely blessed he was to be in the military.

3.  The applicant provides two reference letters, his DD Form 214, and a Certificate of Achievement.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army (RA) on 21 November 2007.  He completed initial entry training and he was awarded military occupational specialty 92A (automated logistical specialist).  The highest rank/grade he held was private (PV2)/E-2.

2.  The applicant's records show he received developmental counseling for:

* wrongful possession of a controlled substance
* consuming alcohol in his barracks room and for entering female Soldiers' rooms without permission and waking them by touching them inappropriately or talking to them in a lewd manner
* testing positive on a urinalysis
* using an illegal drug after having tested positive for marijuana

3.  A DA Form 4856 (Developmental Counseling Form), dated 31 July 2008, stated separation action was being initiated under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 14-12c, and that the applicant was being referred for enrollment in the Army Substance Abuse Program (ASAP).

4.  On 11 August 2008, the applicant's commander notified him of his intent to recommend his separation due to misconduct and of his rights in conjunction with that recommendation.

5.  On 14 August 2008, the applicant acknowledged he had been advised by his consulting counsel of the basis for the contemplated action to separate him for commission of a serious offense, or words to that effect under Army Regulation 635-200, chapter 14, and its effect; of the rights available to him; and the effect of any action taken by him to waive his rights.  He chose to not submit a statement in his own behalf.

6.  On 26 August 2008, the separation authority approved the applicant's discharge due to misconduct - use of illegal drugs and directed he be issued a general discharge.

7.  On 29 August 2008, the applicant was issued a general discharge under the provisions of Army Regulation 635-200, paragraph 14-12c after completing 9 months and 9 days of active service.  His DD Form 214 shows in item 26 (Separation Code) the entry "JKK" and in item 27 (Reentry Code) the entry "4."

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), Table C-1, states that SPD code "JKK" denotes misconduct (drug abuse).

9.  The Army Human Resources Command, Alexandria, VA, publishes a cross-reference list of SPD and RE codes.  The cross-reference list shows that an SPD code of JKK is assigned an RE code of 4.

10.  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 and processing into the RA and the U.S. Army Reserve Components.  Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes.  Table 3-1 of the regulation states that:

* 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.

* 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.

* RE-4 applies to a Soldier who was separated from last period of service with a nonwaivable disqualification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he had a pattern of alcohol and drug-related incidents and that he was afforded the opportunity to correct his behavior.  However, he continued to have incidents of misconduct after repeated developmental counseling sessions.  His command properly separated him for misconduct (drug abuse).

2.  The applicant contends that his RE code 4 is unjust because he was given a discharge under honorable conditions.  However, he was assigned the proper separation code, and the cross-reference list shows that the proper RE code for his separation code was RE-4.  As such, his RE code was administratively correct and in conformance with applicable regulations at the time of his discharge.

3.  While it is commendable that the applicant wants to reenter the military to provide for his family, there is no basis for changing a properly-assigned RE code or his reason for separation.

4.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20090021735



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ABCMR Record of Proceedings (cont)                                         AR20090021735



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