IN THE CASE OF:	  

		BOARD DATE:	    17 September 2013

		DOCKET NUMBER:  AR20130003243 


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 his Reentry (RE) Code be changed to a “1."

2.  The applicant states that he has learned his lesson and takes full responsibility for his actions.  He also states that he is a lot older and wiser and would like a second chance at life with a clean record.  He continues by stating that he loves his country and regrets the poor decision he made as a young Soldier. 

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 3 October 2001 at the age of 20 years for a period of 4 years, airborne training, training as a motor transport operator, a $12,000 enlistment bonus and assignment to Fort Bragg, North Carolina.  He completed his one-station unit training at Fort Leonard Wood, Missouri, and his airborne training at Fort Benning, Georgia, before being transferred to Fort Bragg.  He was advanced to the pay grade of E-3 on 
1 September 2002.

3.  On 6 April 2003, while deployed to Kuwait, nonjudicial punishment was imposed against him by the battalion commander for the wrongful use of marijuana as detected by a urinalysis.

4.  On 3 September 2003, the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, for misconduct based on his testing positive for marijuana and receipt of a field grade Article 15.

5.  After consulting with counsel, the applicant acknowledged that he understood the provisions for applying to the Army Discharge Review Board and this Board for an upgrade of his discharge.

6.  The applicant’s chain of command recommended that he be furnished a General Discharge Certificate.  On 24 September 2003, the appropriate authority approved the recommendation for discharge and directed that he be furnished a General Discharge Certificate. 

7.  Accordingly, he was discharged under honorable conditions on 21 October 2003 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct.  He had served 2 years and 19 days of active service and was issued a separation program designator (SPD) code of “JKQ” and an RE Code of “3."

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code "JKQ" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of "JKQ."

9.  Army Regulation 635-200 further states 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA 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 for enlistment unless a waiver is granted.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant's rights.
 
2.  The applicant was separated under the provisions of Army Regulation
635-200, paragraph 14-12c; therefore, he was properly assigned the SPD code of "JKQ" and the corresponding RE code of "3" in accordance with the applicable regulations.

3.  The applicant has failed to show through the evidence submitted or the evidence of record that he was assigned the wrong RE code at the time of his separation or that there is an error or injustice in his case.

4.  The applicant’s contentions have been noted.  However, there are procedures whereby the applicant can apply to a local recruiter for a waiver of his RE code if he is in fact physically qualified and the needs of the service at the time justify his return.  

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20130003243





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ABCMR Record of Proceedings (cont)                                         AR20130003243



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