IN THE CASE OF:
BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20100007362
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 his reentry eligibility (RE) code be changed to RE code 3.
2. The applicant states:
* he would love to go back into the military
* it has been 6 years since his discharge and he has learned his lesson
* the Army is his life
* he has maintained employment since his discharge and he has no law violations
* he was a young private coming out of advanced individual training (AIT) having a lot of marital problems
* he told his platoon sergeant about his problems and his sergeant told him to hang in there, it will get better
* he never had an Article 15 or anything like that
* he was never a trouble Soldier
* he is not blaming his sergeant
* he takes full responsibility for his actions
3. The applicant provides:
* certificate of graduation
* certificate of affiliation
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was born on 10 November 1980. He enlisted in the Regular Army on 20 May 2003. He successfully completed basic and AIT. He was awarded military occupational specialty 52C (utility equipment repairer).
3. On 17 June 2004, the applicant was convicted by a summary court-martial of wrongful use of cocaine. He was sentenced to confinement for 14 days, forfeiture of $795.00 per month for 1 month, and reduction to E-1.
4. On 4 October 2004, the applicant was notified of his pending separation action under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2), for misconduct (commission of serious offense). The unit commander recommended the applicant be issued a general discharge for wrongfully using cocaine.
5. On 13 October 2004, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge under honorable conditions.
6. On 3 November 2004, the applicant was issued a general discharge for misconduct (commission of a serious offense).
7. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "Army Regulation 635-200, paragraph 14-12c(2)." Item 26 (Separation Code) of his DD Form 214 shows the entry "JKK." Item 27 (Reentry Code) of his DD Form 214 shows the entry "4." Item 28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "misconduct."
8. On 20 July 2007, the Army Discharge Review Board denied the applicant's request for an honorable discharge.
9. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons. The regulation states the reason for discharge based on SPD code JKK is misconduct and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2).
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 processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment. That chapter includes a list of Armed Forces RE codes.
11. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
12. RE-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.
13. The SPD/RE Code Cross Reference Table, dated 31 March 2003, shows that Soldiers assigned an SPD of JKK will be assigned an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. Age is not a sufficiently mitigating factor. The applicant was 22 years old when he enlisted.
2. Good post-service conduct alone is normally not a basis for upgrading a discharge.
3. Although the applicant contends he never had an Article 15 or anything like that, the evidence of record shows he received a summary court-martial for cocaine use.
4. The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his separation. There is no error in his records and he provides an insufficient reason that would justify changing 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) AR20100007362
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) ARMY | BCMR | CY2014 | 20140018199
In an undated memorandum, the applicant's commander notified her of his intent to initiate separation action under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2) (abuse of illegal drugs). Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1...
ARMY | BCMR | CY2008 | 20080004376
IN THE CASE OF: BOARD DATE: 10 June 2008 DOCKET NUMBER: AR20080004376 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. There is no evidence of record which shows the RE code issued to him was administratively incorrect, in error or unjust.
ARMY | BCMR | CY2008 | 20080008691
On 2 October 2005, the applicants commander initiated elimination action on the applicant under the provisions of Army Regulation 635-200, chapter 14 for misconduct. Evidence of record shows that the applicant was separated from the service for misconduct (four instances of drug abuse) under the provisions of Army Regulation 635-200, chapter 14-12c(2). The evidence of record confirms that the applicants separation processing was accomplished in accordance with the applicable regulations,...
ARMY | BCMR | CY2010 | 20100008063
Accordingly, the applicant was discharged on 31 May 2006 with a discharge under other than honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (drug abuse). 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. The applicants RE code was administratively correct and in conformance with applicable regulations...
ARMY | BCMR | CY2010 | 20100023575
It states, in pertinent part, that the SPD code JKK is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct (drug abuse). His record shows he accepted nonjudicial punishment for wrongfully using cocaine and his reason for separation was misconduct (drug abuse). As such, evidence shows he was properly discharged and his separation code was administratively correct and in conformance with applicable...
ARMY | BCMR | CY2007 | 20070014606
The applicant stated, in effect, that he accepted full responsibility for his actions. Evidence of record shows that the applicant was separated from the service for misconduct under the provisions of Army Regulation 635-200, chapter 14-12c(2). The evidence of record confirms that the applicants separation processing was accomplished in accordance with the applicable regulations, to include the RE code 4 code assignment.
ARMY | BCMR | CY2010 | 20100016397
The applicant provides: * Service personnel records * Photograph of himself in uniform * Enlisted Record Brief * Excepts from his discharge proceedings * DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be...
ARMY | BCMR | CY2010 | 20100022175
Army Regulation 635-200 further states, in pertinent part, 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. It states, in pertinent part, that SPD code JKK is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 14-12c, by reason of misconduct - drug abuse. He has failed to show through the evidence submitted with his application or...
ARMY | BCMR | CY2005 | 20050006221C070206
The applicant states that she was not given the chance to rehabilitate in accordance with Army Regulation 635-200, chapter 1, paragraphs 1-15 and 1-16; chapter 3, paragraphs 3-1, 3-4, 3-7, 3-11 and 3-12; and chapter 4, paragraphs 4-1, 4-2, 4-7, 4-8 and 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. There is no evidence of record which shows the...
ARMY | BCMR | CY2007 | 20070014080
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 March 2008 DOCKET NUMBER: AR20070014080 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge. The regulation shows that...