BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100012528
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 the reentry (RE) code 4 on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to RE code 3.
2. The applicant states he wants his RE code changed so he can reenter the Army.
3. The applicant provides no additional documents to support his case.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 25 January 2007 and he successfully completed basic and advanced individual training. He was awarded military occupational specialty 92G (Food Service Operations).
2. The applicant's record reveals a disciplinary history that includes his acceptance of general counseling statements on the following dates:
* 19 September 2007 for a drug-related incident
* 20 September for a positive drug test result
3. On 13 December 2007, the applicant accepted NJP under Article 15, Uniform Code of Military Justice (UCMJ) for wrongfully using marijuana.
4. On 2 May 2008, the applicants commander initiated elimination action on the applicant under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 14, for misconduct. The reason cited by the commander was the applicant's positive test for marijuana.
5. On 5 May 2008, the applicant was advised by consulting counsel of the basis for the contemplated separation action. The applicant was also advised of the impact of the discharge action. The applicant signed a statement indicating that he was advised he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14. He waived his right to a separation board, representation by military counsel, and he elected not to submit a statement in his own behalf.
6. On 20 May 2008, the appropriate authority approved the recommendation and directed the applicant receive a general discharge. On 20 June 2008, he was discharged after completing 1 year, 4 months, and 26 days of total active service with no time lost.
7. The applicant's DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for "Misconduct (Drug Abuse)"; item 26 (Separation Code) shows a separation code of "JKK"; and item 27 (RE Code) shows the entry "4."
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Paragraph 14-12c(2) states that Soldiers are subject to separation for commission of a serious offense and that abuse of illegal drugs is serious misconduct.
9. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides 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.
The SPD code of JKK was the appropriate code for the applicant based on the guidance provided in this regulation for Soldiers separating under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct - drug abuse. Additionally, the SPD/RE Code Cross Reference Table establishes RE code 4 as the proper reentry code to assign to Soldiers with an SPD of JKK.
10. 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. Army Regulation
601-210 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR). Table 3-1 included a list of the RA RE codes:
a. 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.
b. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his RE code on his DD Form 214 should be changed so he can reenter military service. However, the ABCMR does not change RE codes solely to allow former Soldiers to reenter military service.
2. Evidence of record shows the applicant was discharged from active service under the provisions of Army Regulation 635-200, chapter 14-12c(2), for misconduct (drug abuse). By regulation, this mandated assignment of RE code 4 upon his discharge from the Army.
3. The evidence of record confirms that the applicants separation processing was accomplished in accordance with the applicable regulations, to include the assignment of RE code 4. Lacking independent evidence to the contrary, it is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20100012528
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ABCMR Record of Proceedings (cont) AR20100012528
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