IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100021091
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 general discharge be upgraded to honorable and his reentry (RE) code be changed.
2. The applicant states:
* He made a mistake and wants a second chance to be a Soldier
* He was discharged for using marijuana which is a mistake he regrets
* He knows what he did was not an upstanding mature thing to do
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Certificate of Training
* Various forms of identification
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 4 October 2006 and trained as a motor transport operator.
2. On 22 June 2007, nonjudicial punishment (NJP) was imposed against him for using marijuana.
3. On 27 August 2007, he was notified of his pending separation under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, paragraph 14-12c for misconduct (commission of a serious offense). He consulted with counsel and acknowledged that he might encounter substantial prejudice in civilian life if a general discharge was issued and he further acknowledged that as the result of the issuance of a discharge under other than honorable conditions he might be ineligible for many or all benefits as a veteran under both Federal and State laws and that he might expect to encounter substantial prejudice in civilian life. The separation authority approved the recommendation for discharge and directed the issuance of a general discharge.
4. On 12 October 2007, he was issued a general discharge under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c(2) for misconduct (drug abuse). He had completed 11 months and 28 days of creditable active service with 11 days of lost time.
5. 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) shows the entry "4." Item 28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "MISCONDUCT (DRUG ABUSE)."
6. On 20 May 2010, the Army Discharge Review Board denied his request for an honorable discharge.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty. Chapter 14, in effect at the time, established policy and prescribes procedures for separating members for misconduct. Specific categories included minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, and abuse of illegal drugs. The issuance of a discharge under other than honorable conditions was normally considered appropriate. However, the separation authority could direct a general discharge if such was merited by the member's overall record.
8. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.
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 (Drug Abuse) and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2).
10. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
11. 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.
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. His brief record of service included one NJP for using marijuana. As a result, his record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel. There is insufficient evidence to warrant an honorable discharge.
2. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. The type of discharge directed and the reasons were therefore appropriate considering all the facts of the case.
3. 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) AR20100021091
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ABCMR Record of Proceedings (cont) AR20100021091
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