RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070015897 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Sherri V. Ward

Member

Mr. Jeffrey C. Redmann

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 his records be corrected by changing his reentry eligibility code (RE Code) from "NA" to RE-3 which would allow him to reenter the Army.

2.  The applicant states that he needs his RE code corrected so he may reenter the Army.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 April 2007, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he initially enlisted in the Regular Army on 2 October 2001 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  The highest rank he attained during this period of enlistment was private first class (PFC)/E-3. 

2.  The applicant's record reveals a disciplinary history which includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) as follows:

	a.  on 23 April 2003, for disobeying a lawful order, disrespecting a superior noncommissioned officer, and pushing a superior noncommissioned officer in the chest with his hands, on or about 29 March 2003.  His punishment consisted of 45 days of extra duty, 45 days of restriction, reduction private/E-1, and forfeiture of $575.00 pay for two months; and

	b.  on 31 July 2003 for being disrespectful in language toward a superior noncommissioned officer, on or about 14 July 2003.  His punishment consisted of forfeiture of $575.00 pay for two months, 45 days of extra duty, and 45 days of restriction.

3.  On 4 November 2003, the applicant's immediate commander initiated separation action against the applicant in accordance with chapter 14 of Army Regulation 635-200 (Personnel Separations) and on 20 November 2003, the separation authority approved the applicant's separation for misconduct and directed the applicant receive a General Discharge Certificate.  Accordingly, the applicant was discharged on 27 November 2003.

4.  On 4 December 2005, the applicant was granted a misconduct waiver to enlist in the Arizona Army National Guard (AZARNG).  Accordingly, he enlisted in the AZARNG on 7 December 2005 for one year.  He was subsequently awarded MOS 92F (Petroleum Supply Specialist) and was assigned to Company E, 1st Battalion, 285th Aviation, Marana, Arizona. 

5.  On 17 May 2006, the applicant was ordered to active duty as a member of his Reserve unit for a period of 730 days in support of Operation Iraqi Freedom.  He reported to Fort Hood, Texas, on 20 May 2006.  However, there is no indication in the applicant's record that he deployed with his unit or served in Iraq. 

6.  On 28 March 2007, Headquarters, III Corps and Fort Hood, Fort Hood, Texas, published Orders 087-0118, releasing the applicant from active duty, effective 4 April 2007.  Accordingly, he was honorably released from active duty for completion of required active service on 4 April 2007.  The DD Form 214 he was issued shows he completed 10 months and 15 days of creditable military service. Item 26 (Separation Code) of his DD Form 214 shows the entry "LBK" and Item 27 (Reentry Code) of his DD Form 214 shows the entry "NA."

7.  The facts and circumstances surrounding the applicant's separation from the Army National Guard are not available for review with this case.  However, on 22 May 2007, Office of the Adjutant General, Phoenix, Arizona, published Orders 142-159, releasing the applicant from active duty, effective 4 April 2007. 

8.  On 19 July 2007, Joint Forces Headquarters, Phoenix, Arizona, published Orders 200-612, discharging the applicant from the AZARNG and as a Reserve of the Army effective 1 July 2007 with an under other than honorable conditions character of service, in accordance with paragraph 8-35i(1) of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) .   

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The Reentry Code is governed by Army Regulation 601-210 (Active and Reserve Components Enlistment Program), which determines Regular Army and U.S. 
Army Reserve reentry eligibility and provides regulatory guidance on the RE 
codes.  These codes are not applicable to officers, U.S. Military Academy (USMA) cadets who fail to graduate or enter USMA from active duty status, or to Reserve Component Soldiers being separated for other than cause.

10.  Army Regulation 635-200 provides 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 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 Regular Army RE codes.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

11.  NGR 600-200 establishes standards, policies, and procedures for the management of the Army National Guard (ARNG) enlisted Soldiers in the functional areas of classification and reclassification; personnel management, assignments and transfers; special assignments; and enlisted separations.  Chapter 8 of this regulation covers enlisted separations.  Paragraph 8-35i(1) covers separation for acts or patterns of misconduct under the UCMJ, State Military Code or similar laws.  This includes abuse of illegal drugs.  All Soldiers identified as abusers of illegal drugs will be referred for treatment as appropriate regardless of the commander's intent to take administrative, nonjudicial or judicial actions.  Commanders must initiate separation action within 45 days of the act or referral, regardless of the commander’s recommendation. 

12.  Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations) establishes policies, standards, and procedures governing the administrative separation of certain enlisted Soldiers of the ARNG and USAR.  Chapter 12 of this regulation states, in pertinent part, that a Soldier may be discharged for misconduct when it is determined that the Soldier is unqualified for further military service by reason of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, abuse of illegal drugs or civil convictions.  The characterization of service normally will be under other than honorable conditions.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE-code should be changed from "N/A" to RE-3.

2.  Evidence of record shows that the applicant was an Army National Guardsman who was mobilized on 20 May 2006 in support of Operations Iraqi Freedom.  Upon completion of his mobilization, he was discharged on 4 April 2007 for completion of required service in accordance with chapter 4 of Army Regulation 635-200.  There is no evidence that he was released from active duty for cause.  Accordingly, there was no legal requirement to assign the applicant an RE code. 

3.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, he is not entitled to relief.

4.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE Code.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __svw___  __jcr___  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.


							Margaret K. Patterson
______________________
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.