RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 February 2004
         DOCKET NUMBER: AR2003090774


         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.

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Robert J. Osborn		Member
Mr. Lester Echols		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his Reentry (RE) Code of "4" be changed to RE "3."

2. The applicant states that he initiated inquiries on how to request to return to active duty (AD). He discovered that his RE Code of "4" would not allow him to reenlist. An RE Code of "3", which was his correct code, would allow him the opportunity to request to return to AD.

3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a Memorandum from the Ansbach Community Transition Processing Specialist, dated 22 April 2003, and a copy of a Cross Reference Table for RE Codes and Separation Codes.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of error which occurred on 30 September 1999, the date of his discharge. The application submitted in this case is dated 22 April 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's military records show he enlisted on 15 January 1997, as a metal worker.

4. He was promoted to Specialist (SPC/E-4) with a date of rank (DOR) and effective date of 1 December 1998. His DOR for Private First Class (PFC/E-3) is unknown.

5. On 11 May 1998, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for being drunk and disorderly. His punishment consisted of a reduction to the pay grade of E-2 (suspended), a forfeiture of pay (suspended), and 45 days extra duty.

6. On 13 April 1999, he was punished under Article 15, UCMJ, for being drunk and disorderly and for failure to go to his appointed place of duty on two occasions. His punishment consisted of a reduction to E-1, a forfeiture of pay, and 45 days extra duty.
7. On 7 September 1999, the applicant was notified by his commander that he was being recommended for discharge under the provisions of Army Regulation
635-200, chapter 14, for misconduct. He based his recommendation on the applicant’s pattern of misconduct. The applicant waived his rights and elected not to submit a statement in his own behalf

8. The separation authority approved the recommendation for discharge and directed that he be issued a General Discharge Certificate. The applicant was discharged on 30 September 1999. He had a total of 2 years, 8 months, and 16 days of creditable service. He was issued an RE Code of "4" and a separation program designator (SPD) code of "JKA."

9. Item 27 (REENTRY CODE) of the applicant's DD Form 214 shows the entry "4."

10. The applicant provided a copy of a memorandum, Subject: DD Form 214 Erroneous Entry from the Ansbach Community Transition Processing Specialist. The Transition Processing Specialist stated that, at the time of preparation of the applicant's DD Form 214, he thought that the RE Code in item 27 should have been the entry "4" which would have not allowed reentry into the Armed Forces. However, the correct entry should have been "3" which would allow reentry provided a wavier was granted.

11. 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. A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter.

12. 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.

13. RE–4 applies to persons not qualified for continued service by virtue of being separated from the service with a non-waivable disqualification such as misconduct.

14. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

15. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army soldiers and Reserve Component soldiers separated for cause. It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply. The soldier’s file and other pertinent documents must be reviewed in order to make a final determination. The SPD code of “JKA” has a corresponding RE code of "3."

16. Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons. The regulation shows that the SPD of "JKA" as shown on the applicant’s DD Form 214 is appropriate for involuntary discharge when the narrative reason for separation is "Misconduct."

DISCUSSION AND CONCLUSIONS:

1. The applicant was discharged under the provisions of Army Regulation 635-200, chapter 14-12b, for misconduct. He was issued an SPD Code of "JKA" that has a corresponding RE Code of "3". However, his DD Form 214 shows an RE Code of "4."

2. The applicant's RE Code of "4" is not consistent with his basis for separation. Therefore, the Board recommends that the applicant's records be corrected to show the RE Code of "3" which is consistent with his basis for separation. It would now be appropriate to change item 27 of his DD Form 214 to show the entry "3".








BOARD VOTE:

__jl___ ___ro___ ___le_____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the entry "3" in item 27 (Reentry Code) of his DD Form 214, dated 30 September 1999.




                  ____Joann Langston___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090774
SUFFIX
RECON
DATE BOARDED	20040212
TYPE OF DISCHARGE	GD
DATE OF DISCHARGE	19990930
DISCHARGE AUTHORITY	AR 635-200, Chapt 124-12b
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	4
2.
3.
4.
5.
6.