IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110005222 


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 upgrade of her reentry eligibility (RE) code of 3.

2.  The applicant states she enlisted in the Army in 2005 because she wanted to serve her country.  Somewhere along the line, she got lost and made mistakes which caused her to be thrown out of the Army.  She would like to make this right because the Army was and still is very important to her.  She was a good Soldier during the time she served and she has grown because of this.  She is a full-time student and a mother and she does not want her mistake to hold her back forever.

3.  The applicant provides no additional evidence.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant enlisted in the Regular Army (RA) on 30 December 2004.  She completed training and she was awarded military occupational specialty 42A (human resources specialist).  She was reassigned to Germany and assigned to the 2nd Combat Team, 1st Armored Division, Baumholder, Germany.

3.  On 19 July 2006, the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for wrongfully using marijuana between 21 May and 21 June 2006.

4.  On 24 August 2006, the applicant's unit commander initiated separation action against her under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 14, paragraph 14-12c(2), for misconduct - commission of a serious offense.  The commander's memorandum of notification and acknowledgement to and by the applicant is not contained in the available record.

5.  On 5 September 2006, the separation action was approved by the appropriate authority who directed the applicant's discharge under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c, for commission of a serious offense, with a General Discharge Certificate.

6.  On 23 September 2006, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct - commission of a serious offense, specifically the abuse of illegal drugs, with a General Discharge Certificate.  She completed 1 year, 8 months, and 24 days of creditable active service.

7.  The DD Form 214 she was issued shows in:

* item 24 (Character of Service) the entry "Under Honorable Conditions (General)"
* item 25 (Separation Authority) the entry "Army Regulation 635-200, paragraph 14-12c"
* item 26 (Separation Code) the entry "JKQ"
* item 27 (RE Code) the entry "3"
* item 28 (Narrative Reason for Separation) the entry "Misconduct (Serious Offense)

8.  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 minor disciplinary 


infractions, a pattern of misconduct, and abuse of illegal drugs.  Abuse of illegal drugs is serious misconduct.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge be issued if such is merited by the Soldier's overall record.

9.  Army Regulation 635-5-1 (Separation Program Designator (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.  It states that the SPD code JKQ is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, by reason of misconduct (serious offense).  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JKQ.

10.  Army Regulation 635-200 further states 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 and processing into the RA and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct.  It further shows that based on this authority and reason for separation she was appropriately assigned an SPD code of JKQ and the corresponding RE code of 3.  As such, she received the appropriate RE code based on the authority and narrative reason for her separation.  Therefore, she is not entitled to the requested relief.

2. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if she 


desires to reenter military service, she should contact a local recruiter who can best advise her on her eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process RE code waivers.

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)                                         AR20110005222



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ABCMR Record of Proceedings (cont)                                         AR20110005222



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