IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150001108 


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:

* an upgrade of his general discharge under honorable conditions
* correction of his reentry (RE) code from 4 (nonwaivable disqualification for reenlistment) to 1 (fully qualified for reenlistment)  

2.  The applicant states, in effect:

	a.  Regarding his character of service:

* he did not commit misconduct
* there was no fairness in his separation
* there was no leadership apart from that shown by his noncommissioned officers (NCO)
* he feels he was never given the opportunity to have his story heard
* he was presumed to be guilty although he committed no misconduct and did not abuse drugs

	b.  As to his RE code:

* he was wrongfully discharged for an isolated incident over which he had no control; he committed no misconduct
* he feels it would be in the best interest of justice to allow him to reenter the Army
* he believes he will bring honest and loyal service to the Army
3.  The applicant provides:

* four letters of support
* a certificate of achievement from Central Texas College
* Technical Certificate of Credit from Bainbridge College
* first page of a statement by the applicant as part of an investigation by the U.S. Army Criminal Investigation Command (CID)
* page two of a CID Agent's Investigation Report 
* self-authored statement

CONSIDERATION OF EVIDENCE:

1.  On 23 March 2015, the Army Discharge Review Board (ADRB) acted upon the applicant's request for reconsideration.  (This occurred after his initial application to the Board, dated 10 December 2014).

	a.  The ADRB voted to grant relief in the form of an upgrade of his characterization of service from general under honorable conditions to honorable. 

	b.  The reason for discharge, however, was determined to be proper and equitable; as such the board directed no change.  

	c.  Based upon the ADRB's action, the portion of his request which addresses the upgrade of his discharge will not be further addressed in this Record of Proceedings.  

2.  The applicant enlisted in the Regular Army on 5 July 2011.  After completing initial training he was awarded military occupational specialty (MOS) 92F (Petroleum Supply Specialist).  The highest rank/grade held was private first class/E-3.  His only duty assignment was to the 108th Quartermaster (QM) Company, 530th Combat Sustainment Support (CSS) Battalion, 49th QM Group, Fort Lee, VA.

3.  On 4 March 2013, the applicant was administered nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice by his battalion commander for wrongfully using illegal drugs.  His punishment included a suspended reduction in rank to private/E-2.

4.  On 2 April 2013, the applicant's company commander notified him she intended to initiate separation action under the provisions of paragraph 14-12c(2) (Commission of a serious offense - abuse of illegal drugs), Army Regulation 
635-200 (Active Duty Enlisted Administrative Separations).  The reason for her proposed action was the applicant tested positive for marijuana on 3 January 2013, and admitted in a sworn statement to use of marijuana while on holiday leave in GA. 

5.  On 22 April 2013, the battalion commander recommended the applicant be retained in the Army.  On 14 May 2013, the separation authority approved the company commander's recommendation to separate the applicant and ordered him discharged under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct (drug abuse).

6.  On 29 May 2013, the applicant was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2) (Separation for Misconduct - abuse of illegal drugs).  His DD Form 214 (Certificate of Release or Discharge from Active Duty), as amended by the ADRB action, shows he received an honorable discharge and completed 1 year, 10 months, and 25 days of net active creditable service.  His rank/grade at the time of discharge was private/E-2.

	a.  He was awarded or authorized:

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

	b.  The separation authority is shown as Army Regulation 635-200, paragraph 14-12c(2).  The SPD is listed as JKK and the RE code is 4.  The narrative reason for separation is misconduct (drug abuse).

7.  The applicant provides:

	a.  A letter of support, dated 23 September 2013, from Chief Warrant Officer Two VTM which essentially states:

* he had worked with the applicant since 2011
* they both participated in several combined and joint aviation training exercises
* he was a squad leader, and won Soldier of the Quarter for the 49th QM Group
* he also earned an award for Physical Fitness Excellence as well as a humanitarian award for his service during Hurricane Sandy (October 2012)
* his service was exemplary and the writer saw him act as a role model within the unit who served on both funeral details and on color guard teams
* he recommends the applicant be allowed to reenter the Army; he believes the incident which led to the applicant's discharge was not intentional and not all factors were considered when the applicant was separated

	b.  A letter of support from Sergeant (SGT) PC, who states, in effect:

* the applicant was one of his best Soldiers when they served together
* every day he came to the formation ready to work; he took it upon himself to check and recheck everything to ensure all was done correctly
* even when he faced discharge proceedings, he still continued to be willing to complete all assigned tasks and he maintained a positive attitude
* he played a vital role in the deactivation of the 108th Quartermaster Company by helping to prepare, purge, and clean over 100 pieces of equipment for turn-in
* the writer has kept in touch with the applicant after his discharge and notes the applicant still lives by Army values
* if he is given a second chance, he believes the applicant would not squander the opportunity, and would be an asset to any organization to which assigned

	c.  Two letters of support, one from First Lieutenant (promotable) MYW-G and SGT EMG, which essentially describe the applicant as an extremely intelligent, professional, and focused Soldier who led by example.  He showed himself to be highly motivated and would go above and beyond requirements without hesitation.  He has been involved in organizations such as the United Service Organization (USO), and has also been active in his church.  He should receive favorable consideration to be allowed to reenter the Army.

	d.  A self-authored statement, which states, in effect:

* being in the Army changed his life and gave him a sense of purpose
* he felt he was serving for his family, his community, and his country and always tried his best in any situation he faced
* he also took advantage of any military or civilian schooling offered; he was working on a Criminal Justice Associate's degree at the time of his discharge
* since his discharge, his life has been difficult
* he felt betrayed and that he was never given a fair chance; he never abused drugs and did not feel his case was properly investigated
* he feels CID did not believe his statement because he stuttered; he was born with this and asserts the fact he stuttered made it easier to be accused of wrongdoing
* the circumstances which led to the positive urinalysis were completely out of his control and he did not know any of the food he consumed contained marijuana
* it was not until the positive urinalysis test results that he learned older members of his family had used it when they prepared some of the food he ate; these dishes were normally reserved for the holidays
* he was led to believe by his leadership he would be retained
* he was told, if he pled guilty and served his punishment, he could put this incident behind him; instead he was discharged
* he has two daughters, one of whom lives with him
* if given the chance to reenter the Army, his goals include completing airborne and ranger schools; he also plans on finishing his degree in Criminal Justice
* he is not a Soldier because he signed a contract, he feels he is a Soldier in his heart and asks to be allowed to reenter the Army

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 his RE code be changed from RE-4 to RE-1 so that he can reenter the Army.

2.  The applicant was discharged under the provisions of paragraph 14-12c(2), Army Regulation 635-200.  According to Army Regulation 635-5-1, the correct SPD code for this paragraph is JKK.  The SPD/RE Code Cross Reference Table shows the RE code associated with JKK is RE-4.  Therefore no error occurred.

3.  The action taken by the company commander to separate the applicant after he had already received nonjudicial punishment for the same incident appears harsh; especially when considering, as noted by the ADRB, he had been awarded two Army Achievement Medals within less than 2 years of service.  This inequity was addressed by the ADRB's action, however.  The applicant has not submitted any substantiating evidence to show his RE code was in error or inequitable.  As such, there is no 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)                                         AR20150001108





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ABCMR Record of Proceedings (cont)                                         AR20150001108



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