IN THE CASE OF:	  

		BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20120006406 


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 his reentry (RE) code be changed from "4" to "3."  

2.  He states he would like to use his Post 9/11 GI Bill benefits for college and also be able to utilize his medical benefits.  

3.  He provides no documents in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 29 June 2009.  After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman).  

2.  On 14 June 2010, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for wrongfully using "spice," a controlled substance analogue for the purpose of inducing excitement, intoxication, or stupefaction of the central nervous system, on or about 30 April 2010.  He did not appeal the punishment.  

3.  His record shows he was deployed with his unit to Afghanistan from on or about 4 July 2010 to on or about 15 September 2010.  

4.  On 12 August 2010, he was counseled that he was being considered for separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c (Commission of a serious offense).  He indicated he agreed with the counseling, and he stated "I was not caught using the substance."  

5.  An undated memorandum shows his commander informed him he was initiating action to separate him under the provisions of Army Regulation 
635-200, paragraph 14-12c, for wrongfully using "spice" on or about 30 April 2010.  His commander informed him he was recommending that he receive a general discharge (GD).  On 26 August 2010, he acknowledged receipt of the notice.  

6.  On 9 September 2010, the separation authority approved his separation and directed he receive a GD.  

7.  On 19 November 2010, he signed a statement acknowledging he had been advised by consulting counsel of the basis for the contemplated action to separate him under the provisions of Army Regulation 635-200, paragraph 
14-12c(2), and its effects; the rights available to him; and the effect of any action taken by him in waiving his rights.  He acknowledged he understood he could expect to encounter substantial prejudice in civilian life if a GD was issued to him.

8.  On 2 December 2010, he was discharged as directed by the separation authority.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

* item 25 (Separation Authority) – "AR 635-200, Para 14-12c(2)"
* item 26 (Separation Code) – "JKK"
* item 27 (RE Code) – "4"

9.  On 15 December 2011, he was informed the Army Discharge Review Board denied his request for a change in the character and/or reason for his discharge.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service.  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 if such is merited by the Soldier’s overall record.  

11.  Army Regulation 635-5-1 (Separation Program Designators (SPD)) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  Table 2-3 shows SPD code "JKK" is applicable to Soldiers discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2).

12.  The SPD/RE Code Cross-Reference Table provides instructions for determining the RE code for active Army and Reserve Component Soldiers.  This Cross-Reference Table shows the SPD codes and corresponding RE codes.  This table shows the SPD code of "JKK" has a corresponding RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  The RE code on the applicant's DD Form 214 was assigned based on the fact that he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2).  RE code "4" is associated with this type of discharge, and it is properly entered on his DD Form 214.

2.  The Army Board for Correction of Military Records does not grant requests to change a correct entry on a DD Form 214 solely for the purpose of making an applicant eligible for benefits.

3.  In the absence of evidence showing error or injustice in the RE code assigned to him there is no basis for granting 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)                                         AR20120006406



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ABCMR Record of Proceedings (cont)                                         AR20120006406



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