BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130019810
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 eligibility (RE) code of 4 be changed.
2. The applicant states, in effect:
* he was unaware that he was unable to reenlist at the time of his discharge
* he was not informed of the ramifications associated with an RE code of 4
* at the time, he was not emotionally coherent
3. The applicant provides his DD Form 4466 (Patient Progress Report).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 24 January 2012.
2. He submitted his DD Form 4466, dated 19 June 2013, which shows he was admitted to the Army Substance Abuse Program (ASAP), on 27 February 2013, due to a positive urinalysis for cannabis. He received a second positive for cannabis and he was command referred back into ASAP on 9 April 2013. He was separated from the program due to miscount-abuse of illegal drugs.
3. The specific facts and circumstances surrounding the applicant's discharge processing are not available for review. The evidence does include a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that contains the authority and reason for his active duty discharge on 21 June 2013.
4. The DD Form 214 he was issued shows he completed a total of 11 months and 9 days of active military service. The DD Form 214 also shows his character of service as "under honorable conditions (general)"; the separation authority as "Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2)"; the separation program designator (SPD) as "JKK"; his RE code as "4"; and the narrative reason for his separation as "misconduct (drug abuse)."
5. On 4 June 2014, the Army Discharge Review Board disapproved his request for an upgrade of his discharge.
6. References:
a. 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, conviction by civil authorities, desertion, or absences without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally considered appropriate.
b. Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214. It stated that item 28 (Narrative Reason for Separation) would list the narrative reason for separation based on regulatory or other authority and could be cross-referenced with Army Regulation 635-5-1 (SPD Codes).
c. Army Regulation 635-5-1 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. The SPD code JKK is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for misconduct (drug abuse). The SPD/RE Code Cross Reference Table stipulates that the RE code of 4 will be assigned to members with an SPD code of JKK separated under these provisions.
d. 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 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, 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.
(1) RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met.
(2) RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. They are ineligible unless a waiver is granted.
(3) RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
(4) RE-2 is no longer used, effective 1995.
DISCUSSION AND CONCLUSIONS:
1. The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed. His narrative reason for discharge was based on his misconduct (two instances of drug abuse). There is no evidence of record and the applicant did not provide any evidence as a basis to warrant a change of his reason for discharge.
2. The SPD code JKK applies to persons who are administratively discharged for misconduct (drug abuse) under the provisions of Army Regulation 635-200, paragraph 14-12c(2). The SPD/RE code Cross Reference Table shows the RE code of 4 is the applicable RE code assigned to individuals discharged for misconduct for drug abuse. Therefore, there is no basis for granting the applicant's requested relief in this case.
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) AR20130019810
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