BOARD DATE:	  16 May 2013

		DOCKET NUMBER:  AR20120020184 


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 a change to his reentry eligibility (RE) code from RE-4 to a more favorable code that would allow him to reenter military service.

2.  The applicant states that although his actions were irresponsible his unit showed favoritism toward another Soldier for the same offense.  He was retained and his demotion was minimal.  That Soldier also had recurring problems. 

3.  The applicant provides:

* Army Discharge Review Board (ADRB) decision
* Reissued DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the U.S. Navy and the Army National Guard, the applicant enlisted in the Regular Army on 18 March 2009 and he held military occupational specialty 88N (Traffic Management Coordinator).  He was assigned to Fort Campbell, KY.

2.  On 16 October 2009, he tested positive for marijuana during a unit urinalysis. 

3.  On 4 December 2009, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for wrongfully using marijuana between on or about 17 September and 16 October 2009. 

4.  On 13 January 2010, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 14-12c for misconduct - abuse of illegal drugs.

5.  On 14 January 2010, the applicant acknowledged receipt of the separation memorandum and consulted with legal counsel who advised him of the basis for the contemplated separation action for misconduct and its effect, of the rights available to him and the effect of any action taken by him in waiving his rights, and the type of discharge and its effect on further enlistment or reenlistment.  The applicant acknowledged he understood that he could expect to encounter substantial prejudice in civilian life if a general discharge was issued to him and that he could be ineligible for many or all benefits as a veteran under Federal and State laws.  The applicant further elected not to submit a statement in his own behalf.

6.  On 14 January 2010, his immediate commander initiated separation action against him in accordance with Army Regulation 635-200, paragraph 14-12c for misconduct.

7.  On 19 January 2010, his intermediate commander as well his battalion commander sergeant major recommended approval of the applicant’s discharge with the issuance of a general discharge.  His chain of command opined the applicant:

* Failed to take responsibility for his actions and lacked judgment
* He did not display the traits of a Soldier and did not live up to the Army values

8.  On 30 January 2010, the separation authority approved his discharge under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c for abuse of illegal drugs with a general discharge.  On 19 February 2010, he was accordingly discharged.  

9.  His DD Form 214 shows he was discharged on 19 February 2010 in accordance with Army Regulation 635-200, chapter 14-12c, by reason of misconduct (drug abuse) with a general discharge.  This form further shows he completed 11 months and 2 days of total active service.  Item 26 (Separation Code) of this form shows the entry "JKK" and item 27 (Reentry Code) shows the entry "4."
10.  On 23 March 2012, the ADRB reviewed his discharge and determined his discharge was improper.  Accordingly, the ADRB voted to grant him relief in the form of upgrading his discharge to a fully honorable discharge and changing the narrative reason for separation to Secretarial Authority with the corresponding separation code of "JFF."  The ADRB considered his RE Code but voted not to change it. 

11.  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 include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it was clearly established that rehabilitation is impracticable or is unlikely to succeed.  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.  

12.  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 separated from their last period of service with a nonwaivable disqualification.

13.  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 SPD code of "JKK" is the correct code for Soldiers separating under chapter 14-12c of Army Regulation 635-200 by reason of misconduct, abuse of illegal drugs.

14.  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.  He contends his RE-4 code should be upgraded to a more favorable code.

2.  The evidence of record confirms his RE code was assigned based on the fact that he was discharged under the provisions of chapter 14 of Army Regulation 635-200 due to his abuse of illegal drugs.  Absent the drug abuse, there was no fundamental reason to process him for discharge.  The underlying reason for his discharge was his drug abuse.  The only valid narrative reason for separation permitted under that paragraph is "misconduct - drug abuse" and the appropriate RE code associated with this discharge is an RE-4 which is correctly shown on his DD Form 214.

3.  Although the ADRB upgraded his characterization of service and changed the narrative reason for separation, it did so based on the fact that his discharge was not processed properly.  The ADRB considered the RE code but voted not to change it.  In other words, had his discharge been processed properly, the outcome would have been the same.  The drug abuse did not go away. 

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant abused drugs.  His chain of command initiated separation action against him.  Although not available for review to the Board, what other Soldiers did or what happened to other Soldiers involved in other drug incidents has no bearing on the applicant's case or what his chain of command deemed appropriate at the time.  Each case is considered on its own merits.  The applicant has provided no evidence to support his contention that other Soldiers were treated differently.

5.  The applicant has not submitted any substantiating evidence to show his RE code is in error or inequitable.  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)                                         AR20120020184



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ABCMR Record of Proceedings (cont)                                         AR20120020184



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