BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100020409
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 (RE) code be changed to an RE code which would allow him to reenlist.
2. The applicant states the ramifications of the RE code he was assigned was not properly explained to him. He contends that if he had known he would not be able to reenlist he would not have chosen to get out. He adds that since he was given a choice of whether he would leave the Army, the RE code that he was assigned was inappropriate in view of the fact that he had no previous disciplinary problems and he was an outstanding Soldier.
3. The applicant provides excerpts from his military records which show his accomplishments, training and awards.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that he enlisted in the Regular Army on 25 July 2006, and he was awarded military occupational specialty 11B (Infantryman). He served in Iraq from 23 March to 1 July 2007 and from 29 November 2007 to 29 December 2008. He was promoted to pay grade E-4.
2. The applicant was counseled on:
* 10 March 2009 for testing positive for marijuana
* 27 March 2009 for lying to military police investigators and hindering an investigation
* 14 April 2009 for testing positive for marijuana [a second time]
* 16 April 2009 for failure to be at his appointed place of duty at the prescribed time
3. On 5 May 2009, his commander notified him of his intent to recommend him for discharge due to misconduct, illegal use of drugs. He was advised of his rights to consult with counsel and to submit statements in his own behalf. He consulted with counsel but did not submit a statement in his own behalf.
4. On 12 May 2009, his commander forwarded a recommendation to discharge the applicant for misconduct, drug abuse. That recommendation was approved by the appropriate authority.
5. Accordingly, on 21 May 2009, he was discharged for misconduct, drug abuse. His service was characterized as under honorable conditions and he was assigned the separation code of "JKK" and an RE code of 4.
6. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service.
7. 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 coverers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment. That chapter included a list of armed forces RE codes. Those RE codes include RE-1 which applies to individuals who were fully qualified for reenlistment when last separated. Soldiers assigned an RE-1 are fully qualified for enlistment. The code RE-3 applies to individuals who are not qualified for continued Army service, but the disqualification is waiverable. Soldiers assigned an RE-3 are ineligible for enlistment unless a waiver is granted. The code RE-4 applies to individuals who are not qualified for continued Army service and the disqualification is not waiverable. Soldiers assigned an RE-4 are ineligible for enlistment.
8. Separation Program Designator (SPD)/Reentry (RE) Codes Cross Reference Table shows that the SPD code of "JKK" is to be assigned an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. Contrary to his contention, he was not given the choice of whether he was to be discharged for misconduct. He was only given the choice of whether he consulted with counsel and whether he would submit a statement in his own behalf.
2. He tested positive for marijuana twice and he was counseled for lying to military police investigators, hindering an investigation, and failure to be at his appointed place of duty at the prescribed time.
3. Given his repeated misconduct, which included two incidents of testing positive for marijuana, he was properly discharged for misconduct, drug abuse and assigned an RE code of 4.
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) AR20100020409
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ABCMR Record of Proceedings (cont) AR20100020409
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