RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 July 2005
DOCKET NUMBER: AR20040011079
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda Simmons | |Chairperson |
| |Mr. Patrick McGann | |Member |
| |Mr. Leonard Hassell | |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 be changed.
2. The applicant states that he wants his RE code changed so he can
reenlist in the Army. He contends that he was told he would be able to
reenlist after he pled guilty and served his confinement.
3. The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty); a copy of General Court-martial
Order Number 101, dated 27 May 2004; a copy of a Notice of Court-martial
Order Correction, dated 15 January 2004; a copy of General Court-martial
Order Number 17, dated
11 June 2003; and a letter from a Member of Congress, dated 22 November
2004.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted on 5 October 2000 for a period of 3 years. He
was discharged with a bad conduct discharge on 16 July 2004 under the
provisions of Army Regulation 635-200, chapter 3, as a result of a general
court-martial.
2. Item 26 (Separation Code) on the applicant's DD Form 214 shows the
entry, "JJD." Item 27 (Reentry Code) on his DD Form 214 shows the entry,
"4."
3. Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel. Chapter 3 of this regulation states that a Soldier
will be given a bad conduct discharge pursuant only to an approved sentence
of a general or special court-martial. The appellate review must be
completed and the affirmed sentence ordered duly executed.
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
covers eligibility criteria, policies, and procedures for enlistment
processing into the Regular Army and the U.S. 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.
5. RE-4 applies to persons separated from their last period of service
with a non-waivable disqualification. A person with a Bad Conduct
discharge is a disqualification that cannot be waived.
6. The Separation Program Designator Code/Reentry Code Cross Reference
Table, dated 31 March 2003, shows that SPD "JJD" will be issued a RE code
of 4.
DISCUSSION AND CONCLUSIONS:
The RE code used in the applicant’s case is correct and was applied in
accordance with the applicable regulations.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
LS______ PM______ LH_____ 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.
_____Linda Simmons____
CHAIRPERSON
INDEX
|CASE ID |AR20040011079 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050726 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0300 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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