IN THE CASE OF:	  

		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120005321 


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 item 27 (Reentry (RE) Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from an RE code of "4" to "1."

2.  The applicant states:

* he know what he did was wrong, but he was a young Soldier and he did not think of the consequences of his actions
* he served his country with dignity and respect and desires a second chance to serve his country

3.  The applicant provides two character reference letters.

 CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 5 May 2010 at the age of       17 years and 8 months.  He completed training and was awarded military occupational specialty 19D (Cavalry Scout).  The highest rank/grade he attained while on active duty was private/E-2.

2.  A U.S. Army Criminal Investigation Command Report, dated 11 April 2011, shows:

   a.  On 4 April 2011, after a barracks check was conducted on his room, the applicant was found to have in his possession a pipe and a container with suspected marijuana.

   b.  The applicant was advised of his legal rights, which he waived, and he provided a sworn statement admitting to possessing the marijuana and pipe found in his barracks room. 

3.  A DA Form 4856 (Developmental Counseling Form), dated 19 April 2011, shows:

   a.  The applicant was randomly selected to participate in a urinalysis.

   b.  He tested positive for (Tetrahydrocannabinol, which is a psychoactive compound in marijuana).  The results of his urinalysis were received on 19 April 2011.

4.  On 21 April 2011, the applicant received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for wrongfully using and possessing marijuana.

5.  A Report of Mental Status Evaluation, dated 29 April 2011, shows the applicant was found to be mentally responsible, able to distinguish right from wrong and adhere to the right, and had the mental capability to understand and participate in any administrative action deemed appropriate by his command.  Additionally, he was diagnosed with the following:

* Axis I:  Adjustment Disorder with Depressed Mood by history
 Adjustment Disorder with Disturbance of Emotions and Conduct 
 by history
 Cannabis Dependence by history
 Attention Deficit Hyperactivity Disorder by history
 Inhalant Abuse by history
 Occupational Problems
* Axis II:  No Diagnosis

6.  On 12 May 2011, the applicant was notified by his commander of the intent to initiate separation action against him under the provisions of Army Regulation 
635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for the 


commission of a serious offense.  The basis for the action was on or between 
4 April 2011, the applicant wrongfully possessed marijuana, and on or between 7 March 2011 and 7 April 2011, he wrongfully used marijuana.

7.  On 18 May 2011, the applicant waived the opportunity to consult with counsel and acknowledged he had been afforded the opportunity.   He further acknowledged he was advised of the basis for the contemplated separation action, the possible effects of a discharge, and of the rights available to him.

8.  On 23 May 2011, the separation authority approved the recommendation for discharge and directed the applicant's discharge under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c, based on the commission of a serious offense.  The separation authority directed the issuance of a general discharge.

9.  On 8 June 2011, the applicant was discharged accordingly.  The DD Form 214 he was issued confirms he was discharged for misconduct (drug abuse).  He completed 1 year, 1 month, and 4 days of creditable active military service.

10.  The applicant provides two character letters which attest to his integrity, remorsefulness, and his desire to redeem his credibility by serving again.

11.  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 SPD code JKK is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 14-12c, commission of a serious offense.  The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of JKK.

12.  Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations) 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 Regular Army (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-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was young at the time of discharge and that his RE code should be changed so that he may reenter the military was carefully considered.  

2.  Records show the applicant was 18 years of age at the time of his indiscipline.  There is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed their military service.

3.  The evidence of record confirms the applicant's commander notified the applicant of his intent to separate him with a general discharge.  All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  

4.  His desire to reenter the military is noted; however, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.

5.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20120005321



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ABCMR Record of Proceedings (cont)                                         AR20120005321



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