IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090016953 


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 eligibility (RE) code of RE-3 be changed to a more favorable RE code.

2.  The applicant states that he cannot reenter the military.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 January 2004.

2.  The applicant was discharged on 5 July 2007 under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, by reason of misconduct – commission of a serious offense – with issuance of an under other than honorable conditions discharge.  He completed 2 years, 11 months, and 20 days of active military service with approximately 180 days of lost time.

3.  His DD Form 214 shows he was issued an RE code of RE-3 and a separation program designator (SPD) code of JKQ.

4.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation shows the SPD code of JKQ as shown on the applicant's DD Form 214 specifies the narrative reason for separation as involuntary release or transfer for "misconduct – commission of a serious offense" and that the authority for separation under this SPD is Army Regulation 635-200, paragraph 14-12c.

5.  The SPD/RE Code Cross Reference Table in effect at the time established RE code 3 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 14, for misconduct.

6.  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, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

7.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he cannot reenter the military was considered; however, it does not serve as a basis to change a properly assigned RE code regardless of the Army's current enlistment policies.

2.  The applicant was discharged on 5 July 2007 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct – commission of a serious offense.

3.  The applicant's DD Form 214 shows he was separated with a separation code of JKQ and was assigned an RE code of RE-3 in accordance with the governing regulation in effect at the time.

4.  The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed.  His narrative reason for discharge was based on misconduct – commission of a serious offense – and there is no basis upon which this reason should be changed.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

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)                                         AR20090016953



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ABCMR Record of Proceedings (cont)                                         AR20090016953



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