IN THE CASE OF: BOARD DATE: 1 July 2008 DOCKET NUMBER: AR20080006765 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, in effect, that his reentry (RE) code be changed. 2. The applicant states, in effect, that he made a mistake and was discharged with a general discharge for marijuana use. He contends that when he entered the Army he was not fully prepared, that he is originally from Ethiopia, that he is the first generation of his family in this country, and that he is the first member of his family in the military. He states that it was a lot of pressure on him and that being lonely did not give him a reason to use drugs but he felt it could ease his pain. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 4 October 2006 and trained as a motor transport operator. 2. On 22 June 2007, nonjudicial punishment was imposed against the applicant for marijuana use. His punishment consisted of a reduction to E-1, a forfeiture of pay, extra duty, and restriction. 3. On 12 October 2007, the applicant was discharged with a general discharge for misconduct (commission of a serious offense). 4. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, PARA [paragraph] 14-12C(2).” Item 26 (Separation Code) on his DD Form 214 shows the entry, "JKK." Item 27 (Reentry Code) on his DD Form 214 shows the entry, "4." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "MISCONDUCT (DRUG ABUSE).” 5. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code “JKK” is “Misconduct” and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2). 6. 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 processing into the Regular Army 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. 7. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification. 8. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable. 9. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that when the SPD [Separation Program Designator] is "JKK" then an RE code of 4 will be given. DISCUSSION AND CONCLUSIONS: The applicant’s RE code was administratively correct and in conformance with applicable regulations at the time of his separation. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __xxx___ __xxx___ __xxx___ 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. XXX _ _______ ___ 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) AR20080006765 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080006765 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1