IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120008475
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 her Reentry (RE) code be changed from a 3 to a 1.
2. The applicant states she was wrongfully separated from the Army without due process. She was denied reenlistment and flagged for unknown reasons. She goes on to state that she was a first-term Soldier with less than 2 years in the Army when she tested positive during a urinalysis. She states she received nonjudicial punishment (NJP) which was completed long before she returned from Afghanistan. She continues by stating that while in Afghanistan her flag was lifted when her punishment was completed. She was promoted to the pay grade of E-4, received an Army Commendation Medal at the end of her tour, and she received a coin of excellence for her service in Afghanistan. Additionally, she states she is not a drug user. She is a single mother of two sons and she is trying to provide for them. She was not released under chapter 14 or 12 and she did not get into any other trouble. She does not believe she deserves an RE code of 3.
3. The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), a letter from her commander in response to a congressional inquiry, a portion of her NJP proceedings, a letter from her Congressional Representative, and excerpts from Army Regulation 635-200.
CONSIDERATION OF EVIDENCE:
1. On 16 September 2008, the applicant enlisted in the Regular Army for a period of 3 years and 24 weeks, training as a petroleum supply specialist, and a $20,000 enlistment bonus. She completed her training and was transferred to Fort Carson, Colorado for assignment to the 4th Combat Support Battalion (Maneuver).
2. On 10 July 2010, she deployed to Afghanistan in support of Operation Enduring Freedom and she was attached to the 1st Brigade Combat Team, 1st Battalion, 66th Armor Regiment. On 23 September 2010, NJP was imposed against the applicant by the battalion commander of the 1st Battalion, 66th Armor Regiment for wrongful use of cocaine.
3. She was advanced to the pay grade of E-4 on 1 June 2011 and departed Afghanistan on 15 June 2011 for return to the 4th Combat Support Battalion, Fort Carson.
4. The letter, dated 23 February 2012, that was written to the applicant's Congressional Representative by her commander indicates the applicant received NJP from her previous command in Afghanistan for testing positive for cocaine and when she returned from deployment the chain of command initiated separation action against her under Army Regulation 635-200, paragraph
14-12c, due to commission of a serious offense. She was also flagged and barred from reenlistment. He went on to state that the recommendation for discharge was approved, but suspended for 180 days, which allowed her to leave the Army honorably. None of those administrative proceedings are contained in her official records.
5. On 1 March 2012, the applicant was honorably released from active duty (REFRAD) due to completion of required service under the provisions of chapter 4, Army Regulation 635-200. She was assigned a separation code of LBK and an RE code of 3.
6. 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 RA and the United States Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
7. An RE code of 3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.
DISCUSSION AND CONCLUSIONS:
1. The applicants separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. The applicant was separated under the provisions of Army Regulation 635-200, chapter 4 upon completing her required services and she was barred from reenlistment at the time she separated; therefore, she was properly assigned an RE code of RE-3 in accordance with the applicable regulations.
3. The applicant has failed to show through the evidence submitted or the evidence of record that she was assigned the wrong RE code or that an error or injustice occurred in this case. The applicant is not precluded from applying for a waiver of her RE code at a nearby recruiting office if she is otherwise qualified and the needs of the Army at the time justify her return to service; however, there is no basis to change her RE code at this time.
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) AR20120008475
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