RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20080000407 


	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.  




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 of RE-3 be changed to a more favorable RE code.

2.  The applicant states that he applied to the Army Discharge Review Board (ADRB) in 2006 and he won his case.  He states that he is now trying to get his RE-3 code changed.

3.  The applicant provides a copy of his updated DD Form 214 (Certificate of Release or Discharge from Active Duty) and his previous DD Form 214; his award certificate for the Army Achievement Medal, dated 16 January 2003; his DA Form 638 (Recommendation for Award), dated 9 December 2003; a certificate from the 4th Squadron, 7th Cavalry, dated 16 August 2003; and a Certificate of Achievement, dated April 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 11 September 2002 for a period of four years.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty 19K (M1 Armor Crewman).  He was advanced to private first class. 

2.  On 14 July 2004, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for being absent from his place of duty on 18 June 2004.  His punishment consisted of 14 days of extra duty and 14 days of restriction.

3.  On various occasions between April 2004 and July 2004, the applicant received adverse counseling statements for failure to be in the proper uniform for physical training; for being late for formations; failure to be at his appointed place of duty; dereliction of duties; losing his military identification card; and disobeying a direct order.

4.  On 5 August 2004, the applicant accepted NJP under Article 15, UCMJ for four specifications of failing to go to his appointed place of duty and for disobeying a lawful order.  His punishment consisted of a reduction to private, 
E-1; a forfeiture of $597.00 pay for 2 months; extra duty for 45 days; and restriction for 45 days.


5.  On 17 September 2004, the unit commander notified the applicant of separation action under the provisions of Army Regulation 635-200, paragraph 14-12(b) by reason of misconduct - pattern of misconduct.  He was advised of his rights.  The applicant acknowledged receipt of separation action, consulted with legal counsel, and did not submit statements in his own behalf.  

6.  On 8 October 2004, the appropriate separation authority directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 14-12b for pattern of misconduct with service characterized as general.

7.  The applicant was discharged from active duty on 22 October 2004 under the provisions of Army Regulation 635-200, paragraph 14-12b for misconduct - pattern of misconduct.  He completed 2 years, 1 month, and 12 days of active military service.  His DD Form 214 shows he was given a RE code of RE-3 and a Separation Program Designator (SPD) code of "JKA" (Misconduct).  

8.  On 6 July 2006, the ADRB upgraded the applicant’s general under honorable conditions discharge to honorable.  The ADRB determined that the reason for discharge was both proper and equitable and voted not to change it.  

9.  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.

10.  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.  

11.  RE–3 applies to persons not qualified for continued Army service but the disqualification is waivable.


12.  Army Regulation 635-5-1 (SPD Codes) prescribes 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 shows 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” and that the authority for separation under this separation program designator was “AR 635-200, paragraph 14-12b.”

13.  Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 3 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12b for misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated from active duty on 22 October 2004 under the provisions of Army Regulation 635-200, paragraph 14-12b based on misconduct.

2.  Although the ADRB upgraded his character of service to fully honorable, the ADRB found that the reason for his discharge was proper and equitable.  As there appears to be no reason to change his reason for separation, an RE-3 is still appropriate.  

3.  The applicant has failed to show through the evidence submitted or the evidence of record that the reentry code issued to him was administratively incorrect, in error or unjust.  

4.  The applicant's disqualification for reentry is waivable under Army enlistment criteria.  Therefore, he can contact his local recruiter to determine if he is eligible for applying for a waiver under current enlistment criteria.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

PM______  JH______  KJ______  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.




                   PM________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080000407


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508