IN THE CASE OF:	  

		BOARD DATE:	 9 December 2010

		DOCKET NUMBER:  AR20100014774 


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 his reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from RE "4" to RE "3."  

2.  The applicant states that he would like to have his RE code changed so that he can enlist, with a waiver, in the event there's a big threat or a new war.  

3.  The applicant provided no additional documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 11 May 2004.  The applicant completed one station unit training (OSUT) and was awarded military occupational specialty 11B (Infantryman).  The highest rank/grade he attained while serving on active duty was private first class (PFC)/E3.

2.  On 2 January 2006, the applicant received developmental counseling for the wrongful use of marijuana and for testing positive for marijuana.  He was advised that continued conduct of this nature could result in separation under the provisions of Army Regulation 635-200 (Personnel Separations-Enlisted Personnel).  Records show the applicant received nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 11 January 2006 for wrongful use of marijuana.  
3.  On 11 April 2007, the applicant received developmental counseling for wrongful use of, and testing positive for, cocaine.  Records show the applicant received NJP on 20 April 2007 for wrongful use of cocaine.

4.  On 2 May 2007, the applicant was notified of initiation of separation action under the provisions of Army Regulation 635-200, chapter 14, for misconduct - commission of a serious offense (drug abuse).

5.  The applicant acknowledged he had been advised by his counsel of the basis for the contemplated action to separate him under Army Regulation 635-200, chapter 14, and its effect; of the rights available to him; and of 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 6 June 2007, the separation authority approved the applicant's discharge due to misconduct (drug abuse) and directed that he be given a general discharge under honorable conditions.

7.  The DD Form 214, dated 21 June 2007, shows he was discharged under the provisions of Army Regulation 635-200, chapter 14, with a general discharge under honorable conditions.  Item 26 (Separation Code) shows he was assigned a separation code of "JKK."  Item 27 (Reentry Code) shows he was assigned an RE code of "4."  Item 28 (Narrative Reason for Separation) shows "misconduct (drug abuse)."  He completed 3 years, 1 month, and 11 days of creditable active service during this period of active duty. 

8.  On 6 October 2009, the Army Discharge Review Board (ADRB) denied the applicant's petition for an upgrade of his discharge.

9.  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.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  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.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.  Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of regulation.

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states, in pertinent part, prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge.  Chapter 3 of the same regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of Armed Forces RE codes.  The RE code of "4" applies to persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualifications.

11.  Army Regulation 635-5 (Separation Documents), Table 2-3 (SPD/RE Code Cross Reference Table), establishes the proper reentry codes to assign to soldiers separating from the Army.  This table confirms the RE code of "4" is the appropriate RE code for individuals who receive an SPD code of "JKK."

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that separation codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of a separation code is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  It notes that "JKK" is the appropriate separation code for individuals separated for misconduct (drug abuse).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his RE code was carefully considered; however, there is insufficient evidence to support this request.

2.  The applicant's records show he tested positive for marijuana and cocaine on two separate occasions, and that he was afforded the opportunity to correct his behavior but failed to do so.  This leaves no doubt that his command properly separated him for misconduct (drug abuse).

3.  The applicant has provided no evidence to show the RE code issued to him at the time of discharge was improper or inequitable or should be changed now.  The applicant's separation code of "JKK" is consistent with the reason for his separation "misconduct - drug abuse" and the RE code of "4" is consistent with the separation code; therefore, the applicant is not entitled to an upgrade of his RE code.

4.  In view of the foregoing, 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)                                         AR20100022260



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ABCMR Record of Proceedings (cont)                                         AR20100014774



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