IN THE CASE OF:
BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130003095
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 amendment of his reentry eligibility (RE) code.
2. The applicant states:
* he was "held under equal mass punishment"
* he served for 3 years including a deployment in Afghanistan
* while on deployment during a patrol, they were caught in a firefight and his best friend died
* after his best friend's death, he was in mental turmoil for a short time
* he smoked hashish one night, but he tested negative for substance abuse
* he confessed to his superiors that he tried what was being passed around amongst his peers (hashish) one time
* because of his honesty, he was punished unfairly
* he takes full responsibility for his actions
* he had a moment of weakness in his grief for his fallen comrade
* he would like a second chance to return to the Army
* since his discharge, he has worked for the California Conservation Corps and has been a firefighter
* he is not the same immature young man that he once was
3. The applicant provides a self-authored statement and a character-reference letter.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 7 August 1990. He enlisted in the Regular Army on 29 April 2009. He completed his training and was awarded military occupational specialty 11B (infantryman). He served in Afghanistan from 18 August 2009 to 2 September 2010.
2. On 7 September 2010, nonjudicial punishment was imposed against him for using hashish on diverse occasions in Afghanistan.
3. On 13 January 2011, he was notified of his pending separation action for misconduct (commission of a serious offense) under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c. The unit commander cited his use of hashish on diverse occasions while deployed to Afghanistan.
4. On 13 January 2011, he consulted with counsel. On 3 February 2011, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge. He was discharged under honorable conditions on 28 February 2011 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (drug abuse). He completed a total of 1 year, 10 months, and 2 days of creditable active service.
5. 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 (Reentry Code) "4"
* item 28 (Narrative Reason for Separation) "MISCONDUCT (DRUG ABUSE)"
6. He provides a character reference letter, dated 4 December 2012, from his firefighter squad boss who attests:
* the applicant served as a firefighter from July to October
* he excelled in adverse conditions and showed great leadership skills when duties were assigned
* he was calm and collected when confronted with tactical decisions on the fire line
* because of his outstanding physical abilities, he was placed in one of the lead sawyer positions of the crew
* he strongly recommends reconsideration of the applicant for redeployment
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons. The regulation states the reason for discharge based on SPD code JKK is misconduct and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2).
8. Pertinent Army regulations provide that individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated
* RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable
* RE-4 applies to persons separated from their last period of service with a non-waivable disqualification
9. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD code of JKK will be assigned an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The character reference letter submitted on behalf of the applicant failed to show his RE code was unjust and should be changed.
2. He contends he is not the same immature young man that he once was. However, age is not a sufficiently mitigating factor. The applicant was almost 19 years old when he enlisted and successfully completed training. There is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed their military terms of service.
3. His RE code was administratively correct and in conformance with applicable regulations at the time of discharge. Therefore, 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 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) AR20130003095
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130003095
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | DRB | CY2013 | AR20130014963
Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 28 February 2011 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, 14-12c(2) JKK, RE-4 e. Unit of assignment: Bravo Company, 1st Battalion, 508th Parachute Infantry Regiment, 4th Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC f. Current Enlistment Date/Term: 24 January 2009, 3 years g. Current Enlistment Service: 2 years,1 month, 4 days h. Total Service: 4 years, 1 month, 20 days i. On...
ARMY | BCMR | CY2011 | 20110018211
The DD Form 214 issued at the time of his discharge shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, with a general under honorable conditions character of service. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states individuals will be assigned reentry codes based on their service records or the reason for discharge prior to discharge or release from active duty. The applicant's separation code of "JKK" is consistent...
ARMY | BCMR | CY2012 | 20120004348
He further stated he was recommending the applicant be given a general discharge, under honorable conditions. The evidence of record shows 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, RE code of 4, and a general discharge. It appears the separation authority took the applicant's complete military record into consideration when he directed the applicant received a general discharge...
ARMY | BCMR | CY2008 | 20080018935
IN THE CASE OF: BOARD DATE: 23 April 2009 DOCKET NUMBER: AR20080018935 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He also noted that, if the applicant requested it and an administrative board considered the case, the separation authority could not direct a less favorable discharge than the board recommended. On 11 May 2001 the applicant was separated with a general discharge under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct by commission of a serious offense.
ARMY | DRB | CY2010 | AR20100022442
Applicant Name: ????? None of the soldiers, myself included, ever received any form of drug abuse counseling or rehabilitation. Facts and Circumstances: The evidence of record shows that on 9 March 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct commission of a serious offense for wrongfully using marijuana (081201-081215) and wrongfully using hashish while in...
ARMY | BCMR | CY2012 | 20120021204
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. 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. DISCUSSION AND CONCLUSIONS: The evidence of record confirms...
ARMY | BCMR | CY2006 | 20060010632
On 24 July 1989, the applicant was discharged by reason of misconduct abuse of illegal drugs after completing 2 years, 3 months, and 24 days of active military service. A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. A separation code of "JKK" applies to persons who are separated by reason of misconduct abuse of illegal drugs under the provisions of chapter 14-12c, Army Regulation 635-200.
ARMY | BCMR | CY2009 | 20090008401
Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides that a separation code of JKK will be issued to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, paragraph 14-12c(2), due to misconduct. As the applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct due to abuse of illegal drugs he was properly issued a separation code of JKK and an RE code of 4 in accordance with...
ARMY | BCMR | CY2012 | 20120009646
A review of the applicants separation proceedings failed to show any evidence or indication that the applicant was led to believe that he would be eligible to reenter the military services within 6 months or any period thereafter. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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...
ARMY | BCMR | CY2010 | 20100000929
He submitted a request to the Army Discharge Review Board (ADRB) and was granted an upgrade of the characterization of his service from general under honorable conditions to fully honorable. His initial DD Form 214 shows: * his service was characterized as under honorable conditions (general) * he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2) with a Separation Program Designator (SPD) code of JKK and an RE code of 4 * his narrative reason for separation...