1. Applicant's Name: a. Application Date: 3 October 2018 b. Date Received: 19 October 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that the current RE code was placed on the DD Form 214 without substantial reasoning. The applicant would like a reevaluation in order to reenlist. Since 2011, the applicant has not had any convictions and would like a change to prove oneself worthy of serving the Armed Forces again. In a records review conducted at Arlington, VA on 14 August 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 29 April 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 April 2011 (2) Basis for Separation: The applicant was informed of the following reason: for the wrongful use of marijuana between 23 January 2011 and 22 February 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 12 April 2011, the applicant decline the opportunity to consult with counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 April 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 January 2010 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate /106 c. Highest Grade Achieved / MOS / Total Service: E-3 / 15R10, AH-64 Attack Helicopter Repairer / 1 year, 3 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (27 October 2010 to 28 January 2011) f. Awards and Decorations: ACM-CS, NDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 9 March 2011, reflects the applicant tested positive for THC 33 during an Inspection Other (IO) urinalysis testing conducted on 22 February 2011. FG Article 15, dated 30 March 2011, for the wrongful use of marijuana between 23 January 2011 and 22 February 2011. The punishment consisted of reduction to E-1, forfeiture of $733.00 pay per month for two months (suspended), extra duty and restriction for 45 days, and oral reprimand. Report of Behavioral Health Evaluation, dated 22 March 2010, which shows the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. Counseling statement for the wrongful use of marijuana. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293; Article 15; drug test result; and DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent 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; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. 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 identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests a change to his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that his current RE code was placed on his DD Form 214 without substantial reasoning. The applicant contends that he would like a reevaluation to allow him to reenlist. Since 2011 he has not had any convictions and would like a change to prove himself worthy of serving the Armed Forces again. The applicant's available/record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Evidence of record shows the applicant was separated under the provisions of Chapter 14, AR 635-200, paragraph 14-12c(2) with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The appropriate RE code is 4. Soldiers being processed for separation are assigned reentry codes based on their reason for discharge. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. The applicant's post-service accomplishments were noted and the applicant is to be commended on his accomplishments. However, the RE code was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 14 August 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20180015532 1