IN THE CASE OF:	  

		BOARD DATE:  11 June 2013

		DOCKET NUMBER:  AR20120021204 


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 of his DD Form214 (Certificate of Release or Discharge form Active Duty) to show his reentry (RE) code as something other than “4."

2.  The applicant states he feels the discharge he was given was just; however, he does ask his RE code be modified.  After being in the military, he knows what he did was not the right path.  There were hundreds of outlets for him to take but he chose not to take them.  He does wish to get his military career back on track even though he knows he doesn’t deserve a second chance.  After he was discharged from the military, it was tough to find a job in the civilian world.  Since his discharge, he has only held one job but he found out that he hasn’t been happy since he left.  There is no justified reason to make up for the mistake he made as it is easier to ask for permission than forgiveness.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army on 14 September 2006 and he held military occupation specialty 91L (Construction Equipment Repairer).  He was assigned to the 687th Horizontal Engineer Company, Fort Polk, LA. 

2.  On 31 March 2011, he received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for wrongfully using marijuana from on or about 22 January to 22 February 2011.  He was subsequently enrolled in the Army Substance Abuse Program (ASAP).

3.  In a memorandum, dated 31 March 2011, his immediate commander was notified by the ASAP coordinator that the applicant again tested positive for marijuana on a 24 March 2011 urinalysis test.

4.  On 22 June 2011, he was notified by his immediate commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph
14-12c(2) by reason of misconduct - abuse of illegal drugs.  His commander stated his reason was because of his (the applicants) wrongful use of marijuana and that he was recommending him for a general, under honorable conditions discharge.  

5.  On 3 July 2011, he was advised by legal counsel of the procedures and rights that were available to him.  On 13 July 2011, his senior commander recommended approval of the separation action with a general, under honorable conditions discharge.

6.  On 4 August 2011, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph
14-12c(2), for misconduct - drug abuse and directed he be given a general, under honorable conditions discharge.  On 16 August 2011, he was discharged accordingly.  

7.  The DD Form 214 he was issued shows he was discharged 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 4 years, 11 months, and 3 days of net active service.

8.  On 6 April 2012, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge and determined his discharge was both proper and equitable.

9.  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.

10.  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.

11.  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. 

12.  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:

The evidence of record confirms 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" and an RE code of "4."  His assigned RE code of "4" was 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)                                         AR20120021204





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ABCMR Record of Proceedings (cont)                                         AR20120021204



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