IN THE CASE OF:
BOARD DATE: 24 May 2011
DOCKET NUMBER: AR20100028074
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 her reentry (RE) code of 4 be changed so that she may enlist in the U.S. Army Reserve (USAR).
2. The applicant states she cannot enter the USAR with an RE code of 4.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 27 February 2006, the applicant enlisted in the Regular Army (RA). She completed her initial training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).
3. On 1 November 2006, the applicant was advanced to private first class, pay grade E-3.
4. The applicant accepted nonjudicial punishment on 7 August 2007 for wrongful use of marijuana.
5. On 31 August 2007, the applicant was notified that her commander was initiating separation action against her based on her recent commission of a serious offense. The applicant's administrative separation action was processed under the provisions of Army Regulation 635-200, chapter 14, for misconduct.
6. On 16 October 2007, the applicant was discharged, under honorable conditions. She was assigned a Separation Program Designator (SPD) Code of JKK and an RE code of 4. The narrative reason for separation was misconduct (drug abuse).
7. Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. An RE code of 4 applies to persons separated from their last period of service with a non-waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
8. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and 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 upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200,
chapter 14, for misconduct due to drug abuse. Additionally, the SPD/RE Code Cross Reference Table establishes an RE code of 4 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her RE code of 4 should be changed so that she may enlist in the USAR.
2. The RE code of 4, establishing her ineligibility for enlistment/reenlistment, was correctly entered on her separation document in accordance with governing regulations.
3. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for her discharge. While the applicants desire to enter the USAR is understood, there are no provisions authorizing the change of an RE code for this purpose.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20100028074
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ABCMR Record of Proceedings (cont) AR20100028074
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