BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011850 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011850 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011850 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 an upgrade of his Reentry (RE) Code, from "4" to "2." Additionally, he requests a personal appearance before the Board. 2. The applicant states, in light of his current ambitions, change in responsible behavior, and the education he has received, he now wishes to be an asset to the military. Allowing his reentry will ensure honorable service. He is ready to re-enlist since he paid his debts and obtained an education. He has distanced himself from his erroneous behavior and would be an asset to the military. 3. The applicant provides a self-authored letter. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 4 April 2011. He completed his initial entry training and was awarded military occupational specialty 11C (Indirect Fire Infantryman). 3. His record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing. However, his record does contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) that identifies the authority and reason for his separation. 4. His DD Form 214 shows he was discharged on 17 April 2012 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2), by reason of misconduct (drug abuse). His DD Form 214 further shows in: * Item 24 (Character of Service): "Under Honorable Conditions (General)" * Item 26 (Separation Code): "JKK" * Item 27 (Reentry Code): "4" * Item 28 (Narrative Reason for Separation): "Misconduct (Drug Abuse)" 5. The applicant provides a self-authored letter, wherein he acknowledges that he made foolish decisions that hindered him from completing his term of service. He has since matured and regrets his poor decisions. He would like to use the education he has received to continue to serve his country. REFERENCES: 1. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, provides that the ABCMR will decide cases on the evidence of record. It is not an investigative agency. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Applicants do not have a right to a hearing before the ABCMR; however, the ABCMR Director or the Board may grant a formal hearing whenever justice requires. 2. 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 included minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate for a Soldier discharged for patterns of misconduct; however, the discharge authority may direct an honorable or general discharge if such are merited by the Soldier's overall record. 3. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and U.S. Army Reserve. It stated that individuals would be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty. Table 3-1 included a list of Regular Army RE codes. * 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 * RE-2 applies to Soldiers separated prior to the effective date of this regulation and will not be used * 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 unless a waiver is granted * RE-4 applies to Soldiers separated from their last period of service with a non-waivable disqualification 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations that identify reasons for and types of separation from active duty. The SPD code "JKK" is the correct code for Soldiers separating under Army Regulation 635-200, paragraph 14-12(c), by reason of misconduct - drug abuse. 5. The SPD/RE Code Cross Reference Table provides instructions for determining the applicable RE code for separating Regular Army and Reserve Component Soldiers. This cross reference table shows the SPD code and a corresponding RE code. The table in effect at the time of the applicant's discharge shows that SPD code "JKK" was assigned a corresponding RE code of "4." DISCUSSION: 1. The evidence of record confirms he was separated under the provisions of Army Regulation 635-200, paragraph 14-12c (2), by reason of misconduct – commission of a serious offense. It is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. He provided no evidence that would indicate the contrary. 2. The applicant provides no evidence that shows the RE code issued to him at the time of his discharge was improper, inequitable, or should be changed now. His separation code of "JKK" is consistent with his reason for separation and the RE code "4" is consistent with the separation code. His assigned RE code was, and remains, valid. 3. A formal hearing may be authorized by the Board or by the ABCMR Director whenever justice requires. In this case, the evidence of record and independent evidence provided by the applicant are sufficient to render a fair and equitable decision at this time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011850 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011850 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2