MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 February 2001
	DOCKET NUMBER:   AR2000048425

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that her reentry eligibility (RE) code be changed from an RE-4 to an RE-3.  

APPLICANT STATES:  In effect, that she wishes her RE code to be upgraded for the purpose of rejoining the military.  She claims that she would like to have a second chance to serve her country.  She admits to past mistakes and claims that at the time she received nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), she was frustrated and wanted out of the Army.  She indicates that since her separation she has matured and become more responsible and is now ready to become the soldier she should have been from the start.  

EVIDENCE OF RECORD:  The applicant's military records show:

On 14 April 1995, the applicant enlisted in the Regular Army for six years at the age of 19 years and 11 months.  She successfully completed basic training at Fort Leonard Wood, Missouri and advanced individual training (AIT) at Fort Bliss, Texas.  Upon completion of AIT she was assigned overseas to Korea for her first permanent duty station.

The applicant completed her tour in Korea in September 1996 and was reassigned back to Fort Bliss.  Her service record documents no acts of valor, significant achievement, or service warranting special recognition during her tenure on active duty.  However, it does contain a disciplinary history that includes her acceptance of NJP in 1998.  

On 14 August 1998, the applicant accepted NJP for wrongfully possessing marijuana.  Her punishment for this offense included a reduction to private/E-2, a forfeiture of $519.00 per month for two months, and 45 days of restriction.  

On 6 October 1998, the applicant’s unit commander advised her of the intent to initiate separation action against her, under the provisions of paragraph 14-12 of Army Regulation 635-200, for the commission of a serious offense based on her wrongful possession of a controlled substance.  

On 7 October 1998, the applicant completed a waiver statement in which she waived her right to consult with an attorney concerning the separation proceedings against her.  She completed her election of rights in which she attested to the fact that she had been advised of the basis for the contemplated separation action against her and its effects, and she still elected to waive her right to counsel and chose not to submit a rebuttal statement in her own behalf.

On 13 October 1998, the unit commander submitted the recommendation for the applicant’s administrative separation and on 2 November 1998, the appropriate authority approved the recommendation.  The separation authority directed the applicant’s immediate separation with a general, under honorable conditions discharge.  Accordingly, on 10 November 1998 the applicant was discharged after completing a total of 3 years, 6 months, and 27 days of active military service.

A Department of Defense (DD) Form 214 (Certificate of Release or Discharge from Active Duty) on file confirms that the authority for the applicant’s separation was paragraph 14-12c(2), Army Regulation 635-200 and that the reason for her discharge was misconduct.  This document also verifies that she was assigned a separation program designator (SPD) code of JKK and an RE code of 4.  

Army Regulation 635-5-1 (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.  Based on the guidance provided in this regulation, the SPD code of JKK is the appropriate code to assign soldiers separating under the provisions of paragraph 14-12c(2) of Army Regulation 
635-200, for misconduct.

Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), of Army Regulation 635-5 (Separation Documents) establishes RE Code 4 as the proper reentry code to assign to soldiers separated with a JKK SPD code.

Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Paragraph 3-22 contains guidance for the verification of PS RE codes.  It states, in pertinent part, that RE-4 applies to members separated from their last period of service with a non-waivable disqualification. 

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.  Paragraph 14-12c contains guidance on the separation of members for the commission of a serious offense and
sub-paragraph (2) provides the specific authority and criteria for processing first time drug offenders below the grade of sergeant for separation.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s desire to again serve her country, and while admirable, this factor alone does not provide a sufficient basis for granting the requested relief.  After a careful examination of the evidence of record and the independent evidence submitted by the applicant, the Board concludes the assigned RE code was and still is appropriate.

2.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the assigned RE code was appropriate based on the authority and reason for the applicant’s separation.  Therefore, the Board finds a change to her RE code would not be appropriate at this time. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jhl ____  ___gp___  __dh____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000048425	
SUFFIX		
RECON		
DATE BOARDED	2001/02/08	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1998/11/10	
DISCHARGE AUTHORITY	AR 635-200 C14	
DISCHARGE REASON	Misconduct	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300	
2.		
3.		
4.		
5.		
6.