BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130013729
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 of his reentry (RE) code.
2. He states he was given RE code "4" when he was discharged, which does not allow him to reenter service. He is well aware of the seriousness of his actions. He asks that he be given an RE code that will allow him to enlist.
3. He provides no documentary evidence in support of his request.
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. On 10 August 2009, the applicant enlisted in the Regular Army.
3. On 9 March 2010, while attending initial entry training, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for wrongfully using cocaine between 30 December 2009 and 4 January 2010.
4. On 29 March 2010, the applicant's commander notified him he was initiating action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2), for misconductabuse of illegal drugs. His commander informed him he was recommending that his service be uncharacterized and he was advised of his rights.
5. On 29 March 2010, the applicant waived his right to counsel and elected not to submit statements in his own behalf.
6. On 30 March 2010, the separation authority approved his separation under the provisions of Army Regulation 635-200, paragraph 14-12c(2), and directed that his service be uncharacterized.
7. On 6 April 2010, he was discharged in accordance with the separation authority's decision. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at that time shows in:
* item 25 (Separation Authority) "AR635-200, PARA 14-12C(2)"
* item 26 (Separation Code) "JKK"
* item 27 (RE Code) "4"
* item 28 (Narrative Reason for Separation) "MISCONDUCT (DRUG ABUSE)"
8. On 2 February 2011, the Army Discharge Review Board (ADRB) voted to change the applicant's characterization of service from uncharacterized to general, under honorable conditions. The ADRB voted against changing the reason for his discharge.
9. As a result of the ADRB's decision, the applicant was issued a new DD Form 214 to reflect the change in his characterization of service. This DD Form 214 shows in:
* item 25 "AR635-200, PARA 14-12C(2)"
* item 26 "JKK"
* item 27 "4"
* item 28 "MISCONDUCT (DRUG ABUSE)"
10. Army Regulation 635-5-1 (Separation Program Designators (SPD)) provides the SPD code to be entered in item 26 of the DD Form 214. Soldiers separated by reason of misconduct (drug abuse) under the provisions of Army Regulation 635200, paragraph 1412c(2), are assigned the SPD code of "JKK."
11. The SPD/RE Codes Cross Reference Table provides instructions for determining the RE code to assign to Active Army Soldiers when they are separated. The table shows the SPD code of "JKK" corresponds to an RE code of "4."
12. Army Regulation 635-200 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) provides eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 states RE code "4" applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
DISCUSSION AND CONCLUSIONS:
1. The RE code on the applicant's DD Form 214 was assigned based on his discharge under the provisions of Army Regulation 635-200, paragraph
14-12c(2). RE code "4" is associated with this type of discharge and it is properly entered on his DD Form 214.
2. His desire to reenter military service, while commendable, is not a sufficient basis for changing an entry on his DD Form 214 that is correct.
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) AR20130013729
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