IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120001825
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 his Reentry (RE) code be changed to a code that will allow him to reenter the military.
2. The applicant states, in effect, that he believes his discharge and RE code are unjust because he was discharged for one incident.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), his administrative discharge proceedings, and a letter of support from the commander who initiated separation proceedings against him.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 31 January 2007 for a period of 5 years and 17 weeks, training as a cannon crewman, and a $24,000 enlistment bonus. He completed his one-station unit training as a cannon crewman at Fort Sill, Oklahoma and was transferred to Baumholder, Germany.
2. He deployed to Iraq on 1 April 2008 and was advanced to the pay grade of
E-4 on 1 January 2009. He departed Iraq on 22 May 2009 and returned to Germany.
3. On 12 August 2010, nonjudicial punishment was imposed against the applicant for the wrongful use of a controlled substance, marijuana.
4. On 1 October 2010, the applicants commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct abuse of illegal drugs. He also advised the applicant that he intended to recommend that he be retained in service. The recommendation for discharge noted the applicant had wrongfully used marijuana on two occasions, between 8 November and
7 December 2009 and between 7 December 2009 and 5 January 2010.
5. After consulting with counsel the applicant elected to submit a statement in his own behalf; however, that statement is not present in the available records.
6. The battalion commander recommended that the applicants discharge be approved but suspended for a period of 12 months.
7. However, on 26 October 2010, the separation authority approved the recommendation for discharge with service characterized as under honorable conditions.
8. Accordingly, the applicant was discharged on 15 November 2010 under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct. His service was characterized as under honorable conditions (general) and he was assigned a separation code of JKK and an RE code of 4. He had completed
3 years, 9 months and 15 days of active service.
9. 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 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
10. Army Regulation 635-5-1 provides that a separation code of JKK will be assigned to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, paragraph 14-12c(2), due to misconduct. An RE code of 4 is assigned when a separation code of "JKK" is used.
11. An RE code "4" indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification such as commission of serious offenses, which includes the abuse of illegal drugs.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights. His separation packet also shows he had two incidents of drug use.
2. The applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct due to abuse of illegal drugs and was properly assigned a separation code of JKK and an RE code of 4 in accordance with the applicable regulations.
3. Inasmuch as the applicant has failed to show through the evidence submitted or the evidence of record that the RE code was assigned in error or unjust there appears to be no basis to grant his 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.
ABCMR Record of Proceedings (cont) AR20120001825
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ABCMR Record of Proceedings (cont) AR20120001825
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