RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 APRIL 2005
DOCKET NUMBER: AR20040002421
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 |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. Raymond Wagner | |Chairperson |
| |Mr. Larry Bergquist | |Member |
| |Mr. Larry Olson | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his reentry (RE) code on his DD Form 214
(Certificate of Release or Discharge from Active Duty) be changed from “3”
to “1.”
2. The applicant states that his son was in the hospital, sick with
meningitis. His commander did not want to grant him leave and he was
forced to choose between his family and the Army.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army Reserve for 8 years on 18 February
1999. He trained as a medical supply specialist at Fort Sam Houston, Texas
for 5 weeks in May and June 1999, after which he returned to his
Reserve unit in San Diego, California.
2. On 10 October 2001 the applicant was ordered to active duty in an
Active Guard Reserve (AGR) status with a reporting date to Fort McCoy,
Wisconsin for training, after which he was assigned to the 448th Medical
Detachment in Des Moines, Iowa.
3. A personnel action form shows that the applicant was granted emergency
leave for the period 24 June to 3 July 2002. Another personnel action form
shows that he was AWOL (absent without leave) as of 4 July 2002, and that
he called in to his unit on 8 July 2002, and was informed to return to his
unit immediately.
4. The applicant was AWOL from 3 September 2002 until 26 September 2002
when he was brought back to the Reserve center in Des Moines.
5. The applicant was discharged for misconduct under the provisions of
Army Regulation 635-200, paragraph 14-12c, on 14 February 2003. His
character of service was under honorable conditions (General). His reentry
code on his DD Form 214 is “3.”
6. The applicant’s discharge processing is not available to the Board.
7. 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. An RE code of “3” is warranted for an individual who has AWOL or
lost time during his last period of military service. A reentry code of
“3” indicates that a person is ineligible for reenlistment unless a waiver
is granted. Recruiting personnel are required to process requests for
waiver.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence nor has the applicant provided any to show that he
was prevented from attending to his sick son. He was, in fact, granted
emergency leave for 10 days, after which he was AWOL for 5 days. He was
AWOL again in September 2002 for 23 days. Apparently thereafter, he was
processed for discharge because of his misconduct.
2. The reentry code of “3” on his DD Form 214 was mandated because of the
nature of his misconduct. Consequently, there is no error in his record or
any injustice done to him. His request to correct is reentry code is not
granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__RW___ ___LB___ ___LO __ 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.
____ Raymond Wagner______
CHAIRPERSON
INDEX
|CASE ID |AR20040002421 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050419 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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