RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 November 2005
DOCKET NUMBER: AR20050004694
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:
| |Mr. Stanley Kelley | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Robert L. Duecaster | |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 from RE-3
to RE-1 so that he can enlist in the U.S. Coast Guard (USCG).
2. The applicant states that he received an Article 15, Uniform Code of
Military Justice (UCMJ), for aiding and abetting his roommate going absent
without leave (AWOL). He was punished for it but was not proud of it and
still wants to serve his country.
3. The applicant provides no documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he entered active duty (AD) on
16 April 1998, as a light weapons infantryman (11B), for a period of
4 years, with an established expiration of term of service (ETS) of
15 April 2002. He was promoted to pay grade E-3 effective 1 September
1999.
2. The applicant's Article 15, UCMJ, is unavailable for review and his
official military personnel file (OMPF) failed to show a copy of this
document.
3. The applicant was released from AD on 15 April 2002, under the
provisions of Army Regulation 635-200, chapter 4, due to completion of
required active service. He had a total of 4 years of creditable
service. He was issued a separation program designator (SPD) code of
"LBK" and an RE Code of "3."
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 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.
5. RE-3 applies to persons not qualified for continued Army service, but
the disqualification is waivable. Certain persons who have received
nonjudicial
punishment are also disqualified.
6. RE-1 applies to persons completing their ETS who are considered
qualified to reenter the Army.
7. 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 "LBK" as
shown on the applicant’s DD Form 214 is appropriate for involuntary release
from active duty (REFRAD) or transfer when the narrative reason for
discharge is "Completion of Required Active Service."
8. The SPD/RE Code Cross Reference Table, dated March 2001, 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 "LBK" has a
corresponding RE code of "3."
DISCUSSION AND CONCLUSIONS:
1. The applicant alleges that he received an Article 15, UCMJ, for aiding
and abetting his roommate going AWOL. However, the applicant did not
provide a copy of his nonjudicial punishment under Article 15 and this
document was not located in his OMPF.
2. Notwithstanding the above, the applicant was assigned the appropriate
Reentry Code, "3," based on the regulatory guidance for Soldiers separating
under the provisions of AR 635-200, Chapter 4, for completion of required
active service.
3. It is apparent that the applicant wishes to enlist so that he can serve
in the USCG; however, his RE Code of "3" prevents him from enlisting.
4. There is no basis upon which a change, of the RE Code on the
applicant's DD Form 214, can be supported.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_SK_____ _JTM___ _RLD____ 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.
__ Stanley Kelley_ __
CHAIRPERSON
INDEX
|CASE ID |AR20050004694 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051115 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |20020415 |
|DISCHARGE AUTHORITY |AR 635-200, chap 4 |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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