MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 August 2001                   
	DOCKET NUMBER:   AR2001056055

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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:  That his reentry (RE) code be changed from 3 to 1.

APPLICANT STATES:  That he needs an RE code of 1 to join the U. S. Marine Corps.  He believes the separation code (SPD) of JKK is unjust.  He was to be discharged for a 3-week absence without leave (AWOL).  Recruiting officials have told him that if his Certificate of Release or Discharge from Active Duty,   DD Form 214, showed he was discharged for a 3-week AWOL instead of a failed urinalysis (SPD JKK), he would probably be enlisted now.  He provides no supporting evidence.

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

He enlisted in the Regular army on 8 February 1995.  He completed basic training and advanced individual training and was awarded military occupational specialty 35E (Radio Repairer).

On 22 April 1996, the applicant was given a local bar to reenlistment.  The commander had cited the applicant’s two Article 15s, one dated 4 March 1994 for AWOL and one dated 11 April 1996 for illegal substance abuse.  The Article 15s are not available.  The applicant submitted no statements in his behalf and did not appeal the bar.

The applicant’s discharge packet is not available.  His DD Form 214 shows he was discharged, with a general discharge, on 1 July 1996 for misconduct under the provisions of Army Regulation 635-200, paragraph 14-12c(2).  He was given
an SPD code of JKK (separation for misconduct under the provisions of Army Regulation 635-200, paragraph 14-12c(2)) and an RE code of 3.  Neither his   DD Form 214 nor his Personnel Qualification Record, DA Form 2-1, shows he had any lost time.  The applicant signed the DD Form 214.

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, convictions by civil authorities, desertion or absence without leave.  Paragraph 14-12c is commission of a serious offense; paragraph 14-12c(2) is abuse of illegal drugs.

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 covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army  (RA) and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.
Army Regulation 635-5-1, Table 2-2 (SPD/RE Cross Reference Table) provides that when the SPD given is JKK then the RE code will be 4.

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.  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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The evidence of record shows that the applicant had received a bar to reenlistment for misconduct, specifically, for receiving two Article 15s.  One Article 15 was for AWOL and the other for illegal substance abuse.  There is no evidence to show the AWOL was for a 3-week period, there is no other evidence of record to show that he was AWOL for a 3-week period, and the Board presumes that his misconduct discharge was initiated because of his illegal substance abuse.  Therefore, his SPD code of JKK is correct.  The RE code of 3 is incorrect; however, since the correct RE code for this SPD is 4, the Board cannot make this correction unless the applicant requests it.  

3.  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

__mkp___  __tbr___  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056055	
SUFFIX		
RECON		
DATE BOARDED	20010807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.