RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060007972


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard Ingold                |     |Chairperson          |
|     |Mr. Ronald Gant                   |     |Member               |
|     |Mr. Edward Montgomery             |     |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 Eligibility (RE) code be
changed so he can be eligible to reenlist in the Army.

2.  The applicant states he was a good Soldier and noncommissioned officer
up to the time of his misconduct.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) for the period ending 26 May 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 August 1995 for a
period of three years.  He was honorably released from active duty on 7
August 1998 at the completion of his required active service.  On the
following date, he was transferred to the U.S. Army Reserve Control Group
(Reinforcement).  He was issued a DD Form 214 for the period ending 7
August 1998 which shows his RE code as RE-3.

2.  The applicant enlisted in the Regular Army on 9 September 1999 for a
period of three years with a RE code waiver.  He was discharged on 10
September 2001 for immediate reenlistment.  He reenlisted on 11 September
2001 for a period of four years.

3.  He was promoted to sergeant on 4 October 2002.

4.  On 9 July 2003, the applicant accepted nonjudicial punishment under
Article 15, Uniform Code of Military Justice (UCMJ) for being derelict in
the performance of his duties by failing to properly maintain control and
security of his assigned weapon.  His punishment consisted of a forfeiture
of $478.00 pay per month for one month, extra duty for 14 days, and
restriction for 14 days.

5.  On 22 December 2003, the applicant accepted nonjudicial punishment
under Article 15, UCMJ for being found asleep on his post and for
disobeying a lawful order from a noncommissioned officer.  His punishment
consisted of a reduction to specialist, E-4, a forfeiture of $912.00 pay
per month for two months (suspended), and extra duty for 45 days.



6.  On 22 January 2004, the applicant accepted nonjudicial punishment under
Article 15, UCMJ for leaving his post before he was regularly relieved.
His punishment consisted of 14 days extra duty and 14 days restriction.

7.  On 1 April 2004, the unit commander notified the applicant of
separation action under the provisions of Army Regulation 635-200,
paragraph 14-12b for pattern of misconduct.  He was advised of his rights.
The applicant acknowledged notification of the separation action.  He
consulted with counsel, waived consideration of his case by an
administrative separation board, and did not submit statements in his own
behalf.

8.  The separation authority directed that the applicant be discharged
under the provisions of Army Regulation 635-200, paragraph 14-12b for
pattern of misconduct with a general under honorable conditions discharge.

9.  The applicant was discharged on 26 May 2004.  His DD Form 214 for the
period ending 26 May 2004 shows he was discharged with a separation code of
“JKA” (Misconduct - Pattern of Misconduct) and issued an RE code of RE-4.
His DD Form 214 for the period ending 26 May 2004 erroneously shows he
entered active duty on 9 September 1996.  (The applicant may reapply to the
ABCMR to request correction of the date he entered active duty).

10.  Army Regulation 635-200, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  Chapter 14 established
policy and prescribed 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 would be taken to separate a member for misconduct
when it was clearly established that rehabilitation was impracticable or
was unlikely to succeed.  A discharge under other than honorable conditions
was normally appropriate for a Soldier discharged under this chapter.
However, the separation authority may direct a general discharge if such is
merited by the Soldier’s overall record.  Only a general court-martial
convening authority may approve an honorable discharge or delegate approval
authority for an honorable discharge under this provision of regulation.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes)
prescribed the specific authorities (regulatory, statutory, or other
directives), the reasons for the separation of members from active military
service, and the SPD codes to be used for these stated reasons.  The
regulation in effect at the time showed that the SPD code “JKA” as shown on
the applicant’s DD Form 214 specified the narrative reason for separation
as involuntary release or transfer
for “Misconduct – Pattern of Misconduct” and that the authority for
separation under this separation program designator was “AR 635-200,
paragraph 14-12b.”

12.  The SPD/RE Code Cross Reference Table, dated 31 March 2003,
establishes RE Code 3 as the proper reentry code to assign to Soldiers
separated for Misconduct - Pattern of Misconduct.

13.  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, in
effect at the time, covered eligibility criteria, policies, and procedures
for enlistment and processing into the Regular Army (RA) and the US Army
Reserve.  Chapter 3 of that regulation prescribed basic eligibility for
prior service applicants for enlistment.  That chapter included a list of
armed forces RE codes, including RA RE codes.

14.  RE code 4 applies to persons not qualified for continued Army service
and the disqualification is not waivable.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 for the period ending 26 May 2004 shows he
was discharged with a separation code of “JKA” (Misconduct - Pattern of
Misconduct) and was assigned an RE code of RE-4.

2.  However, the SPD/RE Code Cross Reference Table, in effect at that time,
indicates that Soldiers separated for misconduct - pattern of misconduct
are assigned an RE code of RE-3.  Therefore, it would be appropriate to
change the applicant’s RE code from RE-4 to RE-3.

BOARD VOTE:

BI______  RG______  EM______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending his DD Form 214 for the period ending 26 May 2004 to show his
RE code as RE-3.




                                  Bernard Ingold________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060007972                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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