IN THE CASE OF:
BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100016397
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 2.
2. The applicant states:
* He was wrongfully treated and punished
* He was incoherent (hung over) at the time of his crime and could not make a right or wrong decision
* The one person who deemed him not fit to be in the Army was his commander (a captain)
* His documents were signed and tampered with by his commander
* His commander told him he did not deserve to be in the Army
* Tampering with military documents is a major offense
* His chain of command falsified his rank
3. 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. The applicant enlisted in the Regular Army on 11 July 2006 and trained as an infantryman.
2. On 21 April 2008, in accordance with his pleas, the applicant was convicted by a summary court-martial of using cocaine and amphetamines and failing to obey a lawful general order by traveling to Juarez, Mexico. He was sentenced to be reduced to E-1 and to perform hard labor without confinement for 45 days.
3. On 13 June 2008, 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 cited the applicant had used cocaine and amphetamines and he had traveled to Juarez, Mexico which was against regulation. The unit commander recommended the applicant be issued a general discharge. On 17 June 2008, the applicant consulted with counsel and waived his rights. He also elected not to make a statement on his own behalf.
4. On 20 June 2008, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge under honorable conditions.
5. On 27 June 2008, the applicant was issued a general discharge for misconduct (commission of a serious offense).
6. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, PARA [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 (DRUG ABUSE)."
7. 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).
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, 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.
9. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
10. 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.
11. RE-2 was rescinded effective 28 March 1995.
12. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
13. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD of JKK will be assigned an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions relate to evidentiary and legal matters that should have been addressed and conclusively adjudicated in the summary court-martial process.
2. 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) AR20100016397
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ABCMR Record of Proceedings (cont) AR20100016397
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