IN THE CASE OF:	  

		BOARD DATE:  28 February 2012

		DOCKET NUMBER:  AR20110016441 


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 be changed from a “4” to a “1.”

2.  The applicant states he was not treated in the same manner as all of the other Soldiers in the same situation.

3.  The applicant provides a two-page letter explaining his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 17 April 2008 for a period of 4 years and 42 weeks, training as a signal intelligence analyst, and a $20,000 enlistment bonus.  He completed basic training at Fort Leonard Wood, Missouri and was transferred to Goodfellow Air Force Base, Texas to undergo advanced individual training.

2.  On 15 April 2009, nonjudicial punishment was imposed against him for the wrongful use of marijuana.  The applicant admitted to using marijuana in a sworn statement.

3.  The complete facts and circumstances surrounding the applicant’s administrative discharge are not present in the available records.  However, his records show that on 6 May 2009 his commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, due to misconduct – drug abuse.
4.  The recommendation was approved by the appropriate authority who directed that he be furnished a General Discharge Certificate.

5.  Accordingly, on 19 May 2009, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c, due to misconduct – drug abuse.  He had served 1 year, 1 month, and 3 days of active service and he was assigned an RE code of “4” and a separation program designator code of JRK.

6.  Army Regulation 635-5-1 (Separation Program Designator (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.  It states that the SPD code JKK is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph
14-12c(2) by reason of misconduct (drug abuse).  The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of JKK.

7.  Army Regulation 635-200 further states 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 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	a.  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.

	b.  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 for enlistment unless a waiver is granted.

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant was properly separated under the provisions of Army Regulation
635-200, paragraph 14-12c(2), for misconduct (drug abuse), and he was properly assigned a separation code of “JKK” and an RE code of “4” in accordance with the applicable regulations.
2.  The applicant has failed to show through the evidence submitted or the evidence of record that he was issued the wrong RE code.

3.  The applicant’s contentions have also been noted; however, they are not supported by the available evidence of record or the evidence submitted with his application.  Accordingly, there appears to be no basis to grant his 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)                                         AR20110016441



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ABCMR Record of Proceedings (cont)                                         AR20110016441



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