BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120004348 


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 correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Item 27 (Reentry (RE) Code) as something other than 4.

2.  The applicant states the punishment did not fit the misconduct; he could have recovered.

3.  The applicant provides his DD Form 214 and a letter of support.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 5 October 2004 and he held military occupational specialty 88M (Motor Transport Operator).  He was assigned to the 801st Brigade Support Battalion, 4th Brigade Combat Team, 101st Airborne Division, Fort Campbell, KY.  He was promoted to the rank/grade of sergeant/E-5 on 1 October 2007.

2.  He was awarded the Afghanistan Campaign Medal with one bronze service star, Iraq Campaign Medal with two bronze service stars, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal (1st Award), National Defense Service Medal, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (2nd Award), NATO Medal, Combat Action Badge, and the Driver and Mechanic Badge with "W" Bar.

3.  On 15 January 2010, the applicant's commander was notified that the applicant's 7 December 2009 urine sample had tested positive for marijuana.

4.  On 3 March 2010, he received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for wrongfully using marijuana between 8 November and 7 December 2009.  The punishment imposed included reduction to specialist (SPC)/E-4.

5.  On 9 April 2010, the applicant underwent a mental status evaluation.  The examining official noted the applicant's behavior was normal, he was fully alert and oriented, his thinking process was clear, his thought content was normal, and he was mentally responsible.  He was psychiatrically cleared for any administrative action deemed appropriate by the command.

6.  On 15 May 2010, the applicant was notified by his immediate commander of his intent to process him for separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c(2), for misconduct - abuse of illegal drugs.  The unit commander stated his reason was because the applicant tested positive for the wrongful use of marijuana on 7 December 2009.  He further stated he was recommending the applicant be given a general discharge, under honorable conditions.  On 15 May 2010, the applicant acknowledged receipt of the proposed separation action. 

7.  On 26 May 2010, he consulted with legal counsel and he was advised of the basis for the contemplated separation action, the effect on future enlistment in the Army, and of the possible effects of a general discharge.  He was advised of the procedures and rights that were available to him.  He acknowledged he understood if he were issued a general discharge he could expect to encounter prejudice in civilian life.  

8.  On 17 June 2010, his immediate commander recommended the applicant be separated under the provisions of Army Regulation 635-200, paragraph
14-12c(2), for misconduct, abuse of illegal drugs with a general, under honorable conditions discharge.

9.  On 17 June 2010, the senior commander recommended approval of the applicant's discharge action under the provisions of Army Regulation 635-200, paragraph 14-12c(2), with a general, under honorable conditions discharge.  

10.  On 19 June 2010, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, paragraph
14-12c(2), for the commission of a serious offense and directed he be given a general, under honorable conditions discharge.  On 9 July 2010, he was discharged accordingly.  

11.  The DD Form 214 he was issued shows he was discharged in the rank of SPC, under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for misconduct (drug abuse), with an under honorable conditions characterization of service.  Item 26 (Separation Code) of this form contains the entry "JKK" and Item 27 the entry "4."  He completed 5 years, 9 months, and 5 days of net active service.

12.  The applicant provides a letter of support, dated 26 January 2012, from his mother to a Senator, wherein she states the applicant received numerous awards, served in Iraq and Afghanistan, and was respected by his comrades.  He was going through serious problems and ended up in a deep depression.  The doctor and chaplain recommended he see a psychiatrist and through all this he deployed with his unit to Afghanistan.  She became very concerned and contacted the applicant's commander through the Red Cross.  The commander stated the Army takes care of their own and acted like it was nothing.  When the applicant returned, he continued counseling but his commander acquired a strong dislike for him.  She wanted to know how a Soldier achieves honors and receives an RE code of 4.

13.  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 included minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such was merited by the Soldier's overall record. 

14.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  It states, in pertinent part, 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.  Table 3-1 included a list of the Regular Army 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 unless a waiver is granted.

	c.  RE-4 applies to Soldiers who are not considered fully qualified for reentry or continuous services at time of separation, and the disqualification is not waivable.

15.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The "JKK" SPD code is the correct code for Soldiers separating under Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct (drug abuse).  

16.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and a corresponding RE code.  The table in effect at the time of his discharge shows the SPD code of "JKK" has a corresponding RE code of "4."  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct (drug abuse), with an SPD of JKK, RE code of 4, and a general discharge.  It appears the separation authority took the applicant's complete military record into consideration when he directed the applicant received a general discharge vice an under other than honorable discharge.

2.  His assigned RE code of 4 and SPD code of JKK were based on his narrative reason for discharge.  This is the only RE code permitted with an SPD code JKK.  The RE code is correctly entered on his DD Form 214.  Therefore, he is not entitled to the requested relief.







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)                                         AR20120004348





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ABCMR Record of Proceedings (cont)                                         AR20120004348



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