BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110004581 


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 that his Reentry (RE) Code 4 be changed so that he may reenlist in the Army.

2.  The applicant states he was involved with a girl who put a lot of pressure on him to return home.  He searched the internet for a way to get out of the Army.  He read an article that said the fastest way to get out of the Army was to purposely fail a drug test.  He did just that.  Now he claims he did not and does not use drugs.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  On 11 February 2009, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 11B (Infantryman).  He was subsequently assigned to the 2nd Stryker Brigade located at Schofield Barracks, Hawaii.

2.  On 28 October 2009, the appropriate separation authority directed that the applicant be separated from the Army under the provisions of Army Regulation 635-200, Chapter 14, for misconduct due to drug abuse.

3.  On 4 November 2009, the applicant was discharged under honorable conditions.  He had completed 7 months and 9 days of creditable active service, and had approximately 22 days of lost time.  Accordingly, he was given a Separation Program Designator (SPD) Code of JKK and an RE Code of 4.

4.  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 misconduct for drug abuse.

5.  Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes.  RE 4 applies to persons separated from their last period of service with a non-waivable disqualification.  

6.  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.  The SPD code of JKK was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, Chapter 14, for drug abuse.  Additionally, the SPD/RE Code Cross Reference Table establishes RE Code 4 as the proper RE code to assign to Soldiers for this reason.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE Code 4 should be changed so that he may reenlist in the Army.

2.  The RE Code 4, establishing his ineligibility for enlistment/reenlistment, was correctly entered on his separation document in accordance with governing regulations.

3.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the RE Code 4.  While the applicant’s desire to continue in the service to his country is commendable, there are no provisions authorizing the change of an RE Code for this purpose.

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




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)                                         AR20110004581





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ABCMR Record of Proceedings (cont)                                         AR20110004581



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