IN THE CASE OF:
BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20090021874
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 he be issued a more favorable reentry eligibility (RE) code.
2. The applicant states that while he does not believe that he needs a waiver, he desires to join the Coast Guard and they are not accepting anyone who requires a waiver. Accordingly, he desires a more favorable RE code.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army in Nashville, Tennessee, on 18 January 2007 for a period of 4 years, training as an explosive ordnance specialist, and a cash enlistment bonus.
2. He completed his basic training at Fort Leonard Wood, Missouri, and was transferred to Redstone Arsenal, Alabama, to undergo phase I of his advanced individual training. He completed phase I and was transferred to Eglin Air Force Base, Florida, on 29 June 2007 to continue his training.
3. On 14 November 2007, nonjudicial punishment was imposed against the applicant for the wrongful use of cocaine.
4. On 12 March 2008, the applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, by reason of misconduct for commission of a serious offense, in that he wrongfully used cocaine between on or about 28 August 2007 and 4 September 2007.
5. After consulting with defense counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.
6. The appropriate authority approved the recommendation for discharge on 10 April 2008 and directed that the applicant be discharged under honorable conditions (general discharge). He had served 1 year, 3 months, and 14 days of total active service and was issued a separation designator code of JKQ and an RE code of 3.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and procedures for separating personnel for misconduct. Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense, which includes drug offenses. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. The separation code for misconduct for commission of a serious offense is JKQ.
8. 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 processing into the Regular Army and the U.S. Army Reserve. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment. That chapter includes a list of Armed Forces RE codes.
9. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant's rights. Likewise, he was properly issued a separation code of JKQ and an RE code of 3 in accordance with the applicable regulations.
2. While the applicant still has the right to apply for a waiver of his RE code to enlist at any recruiting office after 2 years have elapsed, there is no basis for this Board to change his RE code without evidence to show that he was issued the wrong code.
3. 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 that requirement.
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) AR20090021874
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ABCMR Record of Proceedings (cont) AR20090021874
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