| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Ms. Yolanda Maldonado | Member |
APPLICANT REQUESTS: That his Reentry (RE) Code be changed to a more favorable code.
APPLICANT STATES: In effect, that his current RE Code of “4” is nonwaiverable and does not allow him to enlist in the Vermont Army National Guard (VTARNG).
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Brooklyn, New York on 1 December 1988, for a period of 4 years, training as a combat engineer and assignment to Europe. He completed his training and was transferred to Germany on 27 March 1989. He was advanced to the pay grade of E-2 on 1 May 1989.
On 9 June 1989, nonjudicial punishment (NJP) was imposed against him for disobeying a lawful order and being disrespectful towards a noncommissioned officer (NCO). His punishment consisted of a reduction to the pay grade of E-1 (suspended for 90 days), restriction and extra duty. The suspended portion of his sentence (reduction) was vacated on 20 June 1989, due to the applicant having disobeyed a lawful order from an NCO on 14 June 1989.
On 14 November 1989, NJP was again imposed against him for two specifications of being disrespectful in language towards two NCOs. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.
On 27 March 1990, the applicant was convicted by a special court-martial of five specifications of striking other soldiers. He was sentenced to confinement for 30 days, a forfeiture of pay ($483.00) and a bad conduct discharge (BCD).
On 7 March 1991, the United States Court of Military Review (USCMR) determined that the most the applicant could be assessed in regards to a forfeiture of pay was $482.000. The USCMR changed the forfeiture to $482.00 and affirmed the remainder of the sentence as approved by the convening authority.
On 3 September 1991, he was discharged with a BCD, pursuant to a duly reviewed and affirmed special court-martial conviction. He had served 2 years, 9 months and 3 days of total active service and had 24 days of lost time due to confinement. He also had a bar to reenlistment imposed against him and was issued a RE Code of “4.”
He applied to the Army Discharge Review Board (ADRB) on 14 March 2002, contending that he has learned from his mistakes and since his discharge, has married, fathered two children, obtained a Bachelor’s Degree, and works as a counselor and behavior interventionist for troubled adolescents. He indicated that he is eager to serve in the VTARNG and show that he can contribute positively. The ADRB granted him an upgrade of his BCD to a general discharge as a matter of clemency on 10 July 2002. However, there was no change directed in regards to the reason for his discharge or his RE Code.
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 reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the USAR. 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.
Army Regulation 601-210 serves as the authority for the issuance of RE codes. It states, in pertinent part, that an RE code of 4 will be issued to persons who are discharged with a BCD or dishonorable discharge (DD). A separation with either a BCD or a DD is deemed a non-waiveable disqualification.
Title 10, United States Code, section 1552, the authority under which this Board acts, provides, in pertinent part, that the Board is not empowered to set aside a conviction. Rather it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate. Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed.
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. 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.
2. Notwithstanding the actions of the ADRB to upgrade the applicant’s BCD to a general discharge, the Board finds that he was issued the appropriate RE Code at the time of his separation, based on the reason for his separation and his overall undistinguished record of service.
3. While the Board commends the applicant for his post-service accomplishments, the Board finds no error or injustice in his case and does not find the basis for his request sufficiently mitigating to warrant relief beyond what the ADRB granted him.
4. 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
__cjp____ __wtm __ __ym ___ DENY APPLICATION
| CASE ID | AR2002076770 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/01/30 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 4 | 100.0300/RE CODE |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003087795C070212
On 7 September 1982, he enlisted in the Army at Fort Dix, New Jersey, for 3 years in the pay grade of E-3. Title 10, United Stated Code, section 1552, the authority under which this Board acts, provides, in pertinent part, that the Army Board for Correction of Military Records is not empowered to set aside a conviction. Additionally, he was assigned a separation code and an RE code in accordance with the appropriate regulations and there is no evidence of record to support his contention...
ARMY | BCMR | CY2006 | 20060013911
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 April 2007 DOCKET NUMBER: AR20060013911 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Army Regulation 635-200 provided for separation of enlisted personnel with a bad conduct discharge based on an approved sentence of a general court-martial. In accordance with Title 10, United States Code, section...
ARMY | BCMR | CY2006 | 20060006349C070205
Chapter 3, Section IV, establishes policy and procedures for separating members with a dishonorable or bad conduct discharge. In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records (ABCMR) is not empowered to set aside a conviction. The RE code of RE-4 is the proper code to assign members separating under the provisions of Army Regulation 635-200, chapter 3 by reason of courts-martial.
ARMY | BCMR | CY2003 | 2003088520C070403
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. The evidence of record confirms that the applicant’s conviction and discharge with appropriate RE code were effected in accordance with applicable law and regulations in effect at the time, and that his trial by court-martial was warranted by the gravity of the offenses with which he was charged. The...
ARMY | BCMR | CY2008 | 20080010503
On 4 March 1997, the Army Discharge Review Board (ADRB) granted the applicant clemency and upgraded her bad conduct discharge to a GD. The regulation in effect at the time of the applicant's discharge directed that "Chapter 3, Army Regulation 635-200, court-martial, other" would be entered as the narrative reason with a corresponding SPD code of JJD. A separation code of JJD applied to persons who were separated under the provisions of chapter 3 of Army Regulation 635-200.
ARMY | BCMR | CY2008 | 20080001276
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. The applicant has failed to show through the evidence submitted and the evidence of record that his RE Code is incorrect or that there is sufficient reason to warrant a change of his RE Code. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it...
ARMY | BCMR | CY2011 | 20110024697
The applicant previously submitted a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) to the Army Discharge Review Board (ADRB) requesting an upgrade of his discharge and a change to his RE code. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Records show that RE code 4 establishing the applicant's ineligibility for...
ARMY | BCMR | CY2015 | 20150003782
It is not available in the applicant's service record). The applicant was discharged accordingly. His conviction and discharge were effected in accordance with applicable laws and regulations and his discharge appropriately characterizes the misconduct for which he was convicted.
ARMY | BCMR | CY2011 | 20110017771
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Army Regulation 635-200 further states 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. The conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct...
ARMY | BCMR | CY2006 | 20060006548C070205
In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction. The punishment for robbery (Article 122) includes a Dishonorable Discharge or a Bad Conduct Discharge and confinement for 10 years. Based on the nature of the applicant's request, the Board also considered upgrading the applicant's discharge and assigning a corresponding RE Code that would...