BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100030363 


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. 

2.  The applicant states, in effect:

   a.  He was punished for something he did in the civilian world, not on active duty.

   b.  His battalion sergeant major gave him his word that he would be deployed.

3.  In an undated letter, he states:

	a.  While in Iraq he developed appendicitis and became addicted to pain medication following surgery.  He was experiencing severe abdominal pain and the doctor told him there was a chance he might have nicked a nerve canal.  When he returned to the barracks he noticed his fellow Soldiers started ignoring him because he was not able to do his work and he endured a steady stream of anti-Semitic remarks because he is Jewish.

	b.  Every time he went to the hospital they sent him to a different doctor and each doctor kept giving him Percocet.  Soon he realized he was developing a dependency on pain pills.  He mentioned his concerns to his doctors and was ignored.  At that time he became depressed because he was not working and he was being mocked because he was a Jew. 


	c.  He started using steroids to get back in shape and he incorrectly injected the drugs and developed an abscess in his right thigh.  He had to have emergency surgery.  He requested substance abuse treatment and his requests were ignored.  He just gave up and sank into a deep depression.  He began smoking marijuana to ease his psychological pain.  

	d.  His brigade was to deploy to Iraq in April 2008.  He failed a drug urinalysis test and was given an Article 15.  He mentioned that he had been seeking help with his drug problem since his appendicitis operation.  He was enrolled in an informational substance abuse class.  He was still addicted to pain pills.  He spoke to his battalion sergeant major and told him all he wanted to do was get squared away to serve his country and do a good job.  His battalion sergeant major assured him that he was going to deploy.  However, he was subsequently told he was being kicked out of the Army. 

	e.  He understands he cannot blame his drug related problems on others as he is responsible for his behavior and no one can force him to take drugs but he will say he was overprescribed pain pills by Army doctors and he was ignored when he voiced concerns about addiction. 

4.  The applicant provides:

* Four letters of support
* Newspaper articles
* DA Form 2627 (Record of Proceedings Under Article 15, UCMJ)
* Correspondence from a Member of Congress 

CONSIDERATION OF EVIDENCE:

1.  He was ordered to active duty for his last tour of active duty on 2 January 2008 from the Army National Guard.

2.  On 31 January 2008, nonjudicial punishment (NJP) was imposed against him for using marijuana on 5 January 2008.

3.  The facts and circumstances surrounding his discharge are not available.  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 April 2008 shows 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 a total of 
2 years, 9 months, and 19 days of creditable active service.


4.  Item 25 (Separation Authority) of his DD Form 214 for the period ending 
28 April 2008 shows the entry "AR [Army Regulation] 635-200, PARA [paragraph] 14-12C(2)."  Item 26 (Separation Code) of this DD Form 214 shows the entry "JKK."  Item 27 (Reentry Code) shows the entry "4."  Item 28 (Narrative Reason for Separation) of this DD Form 214 shows the entry "MISCONDUCT (DRUG ABUSE)."

5.  He provided four letters of support from fellow Soldiers.  They attest the applicant is an exceptional Soldier with superior domain knowledge, he is professional, competent, dedicated, loyal, and motivated.

6.  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.

7.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.

8.  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.

9.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

10.  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 evidence of record does not support his contention he was punished for something he did in the civilian world, not on active duty.  The evidence shows he was ordered to active duty on 2 January 2008 and he received NJP for using marijuana on 5 January 2008.       

2.  The letters of support submitted on behalf of the applicant fail to show that his RE code was unjust and should be changed.


3.  His RE code was administratively correct and in conformance with applicable regulations at the time of 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)                                         AR20100030363



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ABCMR Record of Proceedings (cont)                                         AR20100030363



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