IN THE CASE OF:  	  

		BOARD DATE:  28 May 2015	  

		DOCKET NUMBER:  AR20140018199 


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 the reentry (RE) code on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be upgraded to allow her to reenlist.

2.  The applicant states, in effect:

* she has been rehabilitated and wishes to reenlist in the military to defend her country and enable her family have a better situation
* the RE code of RE-4 currently shown on her DD Form 214 means she is unable to reenlist
* she requests consideration of the fact the orders which discharged her stated "this order does not affect your enlistment in the U.S. Army Reserve" 
* she requests favorable consideration of her application

3.  The applicant provides:

* DD Form 214
* Orders Number 053-0509, dated 22 February 2010, issued by the U.S. Army Combined Arms Support Command (CASCOM) and the Sustainment Center of Excellence (SCoE)

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 U.S. Army Reserve (USAR) on 6 March 2009.  On 25 August 2009, she was ordered to active duty for training for the purpose of completing basic combat training (BCT) and advanced individual training (AIT).  She completed BCT and was attending AIT for military occupational specialty 92Y (Unit Supply Specialist) when she was discharged.  The highest rank/grade held was private first class/E-3. 

3.  On 3 January 2010, the applicant's unit conducted a 100 percent urinalysis.  On 19 January 2010, the applicant was counseled by her platoon sergeant for having tested positive for cocaine.  On 22 January 2010, the applicant accepted field-grade level nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for one specification of wrongful use of cocaine, a controlled substance.  The punishment included reduction to private/E-1, forfeiture of pay, extra duty, and restriction to the company area.

4.  In an undated memorandum, the applicant's commander notified her of his intent to initiate separation action under the provisions of Army Regulation 
635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2) (abuse of illegal drugs).  He stated the basis for his action was her positive urinalysis on 3 January 2010.

4.  On 18 February 2010, the applicant consulted with legal counsel and was advised of the basis for the separation action, the rights available to her, and the effect of any actions taken by her to waive her rights.  She waived her rights and opted not to submit statements in her own behalf.

5.  On 19 February 2010, the separation authority approved the commander's recommendation and directed the issuance of an uncharacterized discharge.  On 24 February 2010, the applicant was discharged accordingly.

6.  Her DD Form 214 shows she completed 6 months of net active creditable service.  Item 26 (Separation Code) shows the entry JKK and item 27 (RE Code) lists the code of RE-4.  She was awarded or authorized:
* National Defense Service Medal
* Army Service Ribbon

7.  She applied to the Army Discharge Review Board requesting an upgrade of her discharge and RE code.  On 6 April 2011, she was notified by letter her requests had been denied.

8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a list of the Regular Army RE codes:

* 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
* 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
* RE-4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification 

9  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code of JKK is the correct code for Soldiers separating under the provisions of chapter 14, paragraph 14-12c(2) of Army Regulation 635-200.

10.  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 SPD code of JKK has a corresponding RE code of 4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the RE code shown on her DD Form 214 be upgraded to allow her to reenter the Army.  Her current code of RE-4 gives her a nonwaivable disqualification for enlistment.  An RE-3 code would allow enlistment with a waiver and an RE-1 would allow the unrestricted ability to enlist.

2.  Her records show, as a result of a positive urinalysis, she was found to have committed a serious offense by the illegal use of drugs.  The action taken by the applicant's leadership was appropriate given the facts and circumstances that led 
to her discharge action.  During the processing of her discharge action, all requirements of law and regulation were met and her rights were fully protected throughout the separation process. 

3.  The evidence of record further confirms her RE code was assigned based on her discharge under the provisions of chapter 14, paragraph 14-12c(2), Army Regulation 635-200.  The RE code associated with this type of discharge is 
RE-4.  Therefore, she received the appropriate RE code associated with her discharge.

4.  Based upon the foregoing and the fact she did not submit any evidence showing the RE code she was assigned was in error or due to an injustice, there is an insufficient basis upon which to grant 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)                                         AR20140018199





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ABCMR Record of Proceedings (cont)                                         AR20140018199



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