IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110000673
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 a change of his reentry (RE) code from 4 to 2 so that he may reenlist in the Army.
2. The applicant states he does not believe his record is in error or is unjust. He was discharged for misconduct (drug abuse). He has learned from his mistakes and would like to rejoin the Army.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. On 25 July 2008, the applicant enlisted in the Regular Army (RA). He completed his initial training and he was awarded military occupational specialty 21R (Interior Electrician).
2. On 23 December 2008, the applicant was assigned to the 585th Engineer Company for duty as an electrician.
3. On 30 June 2009, the applicant accepted nonjudicial punishment for:
* Failure to go to his appointed place of duty (on five separate occasions)
* Underage consumption of alcohol
* Wrongful use of marijuana
4. On 12 August 2009, the applicant's commander initiated action to separate him from the service under the provisions of Army Regulation 635-200, chapter 14, for misconduct (drug abuse). The recommendation also cited that he had previously failed to go to his appointed place of duty and that he had engaged in underage drinking.
5. On 17 August 2009, the appropriate authority approved the recommendation and directed that the applicant be issued a general discharge.
6. The applicant's DD Form 214 indicates that he was assigned a separation program designator (SPD) code of JKK and an RE code of 4.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include misconduct due to drug abuse. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.
8. 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. The 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.
9. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), 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 AR 635-200, Chapter 14, misconduct (drug abuse). Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes an RE code of 4 as the proper RE code to assign to Soldiers for this reason.
10. RE Code 2 was discontinued effective 28 February 1995.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his RE code of 4 be changed to an RE code of 2 so that he may reenlist in the Army. He further states that he does not believe his record is in error or unjust.
2. The RE code of 4 establishing his ineligibility for enlistment/reenlistment was correctly entered on his separation document in accordance with governing regulations. There is no evidence of error or injustice.
3. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for the RE code of 4. While the applicants desire to continue in the service to his country is commendable, there are no provisions authorizing the change of an RE code for this purpose.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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.
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