IN THE CASE OF:	  

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090020596


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 his reentry eligibility (RE) code of "4" on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to "3."

2.  The applicant states his Recruiter Eligibility Data Display (REDD) Report shows his RE code as "3," but his DD Form 214 shows "4."

3.  The applicant provides:

* a copy of a REDD Report showing his separation program designator (SPD) code as "JKQ" and his RE code as "3"
* a copy of his DD Form 214 showing his SPD code as "JKQ" and his RE code as "4"

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 served in the Regular Army from 26 May 2004 through 11 January 2006.  He was separated with a general under honorable conditions discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, by reason of "misconduct (serious offense)."  He received an SPD code of "JKQ" and an RE code of "4."

3.  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, 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 a discharge under other than honorable conditions is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.

4.  Pertinent Army Regulations provide 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 Army.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.  RE code "4" applies to individuals who are ineligible to reenter the Army.  RE code "3" applies to individuals who are ineligible to reenlist without first obtaining a waiver.

5.  A separation code of "JKQ" applies to persons discharged for misconduct.  An RE code of "3" applies to such persons not qualified for continued Army service without a waiver.  Those individuals discharged under the provisions of chapter 14, Army Regulation 635-200, are disqualified to reenlist, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his RE code changed from "4" to "3" on his DD Form 214.

2.  The applicant was discharged for misconduct under chapter 14, Army Regulation 635-200.  That discharge carries an SPD code of "JKQ."  The correct RE code for SPD code "JKQ" is "3," not "4."

3.  The applicant's DD Form 214 should be corrected.

BOARD VOTE:

____x____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his RE code from "4" to "3."



      ____________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)                                         AR20090020596



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ABCMR Record of Proceedings (cont)                                         AR20090020596



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