| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Elzey J. Arledge | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That his Reentry (RE) code be changed to a more favorable RE code and that his narrative reason for discharge be changed.
APPLICANT STATES: In effect, that his RE code and narrative reason for his discharge be changed. The applicant did not submit any documents in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 7 March 2001 for a period of three years. He was assigned to Fort Benning, Georgia, for infantry training.
On 29 March 2001, the applicant received nonjudicial punishment for disobeying a lawful order from a first sergeant (1SG). His punishment consisted of forfeiture of $225.00, extra duty for 14 days, and restriction to the company for 14 days.
On 3 April 2001, the applicant’s unit commander notified him of pending separation action under the provisions of Army Regulation 635-200, paragraph 14-12(c) for misconduct – commission of a serious offense. The commander cited the reason for his proposed action as the applicant’s refusal to train; failure to follow orders; and lack of motivation, respect, and discipline to become a quality soldier.
The applicant declined the opportunity to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.
On 25 April 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged in an entry level status with characterization of service as uncharacterized.
Accordingly, the applicant was discharged on 3 May 2001 under the provisions of Army Regulation 635-200, paragraph 14-12(c) for misconduct – commission of a serious offense. He had completed 1 month and 27 days of creditable service and was issued a RE code of RE-3.
Prior to his discharge, the applicant underwent a mental status evaluation and a separation medical examination and was found fit for separation with a physical profile of 111111.
On 6 February 2002, the Army Discharge Review Board (ADRB) denied the applicant’s request to change the narrative reason for his discharge.
Army Regulation 635-200, currently in effect, 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 serious offense, conviction by civil authorities, desertion, or absences without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.
Army regulations state that a soldier is in an entry level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.
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 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.
RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have 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: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12(c), for misconduct – commission of a serious offense.
2. The applicant waived his right to consult with legal counsel, acknowledged that he understood the effects of his uncharacterized discharge and declined to submit statements in his own behalf.
3. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
4. The type of discharge directed and the narrative reason for his discharge were appropriate considering all the facts of the case.
5. He was assigned an RE code of RE-3 in accordance with regulations then in effect.
6. There is no basis for removal of the RE code from the applicant's record; however, if the applicant desires to reenter the Army, the Board recommends that he contact his local recruiter to determine if he is eligible to apply for a waiver of his RE code under current enlistment criteria.
7. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
8. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
MKP_____ EJA_____ RTD_____ DENY APPLICATION
| CASE ID | AR2002068270 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020411 |
| TYPE OF DISCHARGE | UNCHAR |
| DATE OF DISCHARGE | 20010503 |
| DISCHARGE AUTHORITY | AR635-200,chapter 14 |
| DISCHARGE REASON | Misconduct |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 144.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002066886C070402
He was given a separation code (SPD) of JKK (separation for misconduct, commission of a serious offense) and an RE code of 4. Chapter 13 of Army Regulation 635-200 provides that a member may be separated when it is determined that he or she is unqualified for further military service because of unsatisfactory performance. RE code 3 would also have been required had the applicant been separated solely under the provisions of Army Regulation 635-200, chapter 13.
ARMY | BCMR | CY2002 | 2002073905C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On an unknown date, the applicant's commander initiated separation action under the provisions of Army Regulation 635-200, chapter 14, for commission of a serious offense. In view of the fact the applicant was separated for misconduct with a separation code of JKQ, the assigned reentry eligibility code of RE 3 was correct.
ARMY | BCMR | CY2002 | 2002078101C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT STATES : In...
ARMY | DRB | CY2005 | 20050010899
Scott W. Faught | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 1 October 2003, the applicant’s commander recommended the applicant be separated under the provisions of Army Regulation 635-200, chapter 14 for misconduct and cited the applicant's two Article 15s and patterns of lesser misconduct. Pertinent Army regulations provide that prior to discharge or release from active duty individuals will be assigned RE codes...
ARMY | BCMR | CY2005 | 20050005999C070206
The unit commander cited the applicant's illegal use of drugs (cocaine) as the basis for his proposed separation action. 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. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.
ARMY | BCMR | CY2003 | 2003084026C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. A serious offense is described as any offense punishable by confinement for more than six months or for which a punitive discharge is authorized. Certain persons who have 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.
ARMY | BCMR | CY2001 | 2001060745C070421
APPLICANT REQUESTS: Correction of his military records to show the reentry eligibility (RE) code 1, which would allow reenlistment. 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. Further, the applicant has not provided any substantiated evidence that shows he was discriminated against because of his nationality by anyone within his unit’s chain of...
ARMY | BCMR | CY2002 | 2002080238C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-5-1, in effect at that time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The applicant has also failed to show, through the evidence submitted with his application or...
ARMY | BCMR | CY2005 | 20050004676C070206
On 22 August 2000, the applicant's commander initiated action to separate him from the service under the provisions of Army Regulation 635- 200, chapter 14, paragraph 14-12c, for misconduct-commission of a serious offense. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge. The regulation shows that the separation program designator (SPD) "JKK",...
ARMY | BCMR | CY2005 | 20050006221C070206
The applicant states that she was not given the chance to rehabilitate in accordance with Army Regulation 635-200, chapter 1, paragraphs 1-15 and 1-16; chapter 3, paragraphs 3-1, 3-4, 3-7, 3-11 and 3-12; and chapter 4, paragraphs 4-1, 4-2, 4-7, 4-8 and 4-10. 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. There is no evidence of record which shows the...