IN THE CASE OF:
BOARD DATE: 12 June 2008
DOCKET NUMBER: AR20080004917
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his reentry (RE) code be changed from 3 to 1 and that his narrative reason for separation be changed from misconduct to completion of term.
2. The applicant states that the Army Discharge Review Board (ADRB) upgraded his discharge to honorable without changing his RE code to 1. That was unjust.
3. The applicant provides the ADRB Case Report and Directive.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 4 June 1962. After having had prior service (during which time he received his notification of eligibility for retired pay at age 60), he enlisted in the U. S. Army Reserve and entered active duty in an Active Guard Reserve (AGR) status on 25 April 2004.
2. On 14 September 2004, the applicant was issued a general officer memorandum of reprimand (GOMOR) for moral dereliction and attempting to discredit and/or undermine his commanders authority during pre-deployment training.
3. On 2 March 2006, the applicant was notified that action was being initiated to separate him from the U. S. Army Reserve for misconduct patterns of misconduct and commission of a serious offense. The reasons listed were his being disrespectful to his commander and first sergeant in August 2004; his being issued a GOMOR in September 2004; his sending a threatening e-mail to the unit administrator; and his making a verbal threat to the unit administrator that included the statement that he would shoot and kill anyone who tried to ruin his career.
4. On 15 June 2006, an administrative separation board was held. The applicant was not present as he was reported absent without leave (AWOL). The board found that by a preponderance of the evidence the applicant did engage in a pattern of misconduct and did engage in serious misconduct. The board recommended he be separated and that his service be characterized as under other than honorable conditions.
5. On 26 July 2006, the Commanding General, Civil Affairs and Psychological Operations Command, approved the findings of the board.
6. On 15 March 2007, the Assistant Secretary of the Army (Manpower & Reserve Affairs) approved the applicants involuntary separation and directed he be discharged from the Reserve of the Army with his service characterized as under other than honorable conditions and that he be reduced to Private, E-1.
7. On 9 April 2007, the applicant was discharged, under the provisions of Army Regulation 635-200, paragraph 14-12c, with a narrative reason for separation of misconduct (serious offense), in the rank and grade of Private, E-1, after completing 18 years, 11 months, and 20 days of creditable active service. He was given an RE code of 3.
8. On 5 February 2008, the ADRB voted to upgrade the applicants discharge to fully honorable. The ADRB, while not condoning the applicants misconduct, determined that the overall length and quality of his service and the circumstances surrounding the discharge mitigated the discrediting entries in his service record. The ADRB determined that the reason for discharge was both proper and equitable and voted not to change it. His rank of Staff Sergeant, E-6, was restored. The DD Form 214 (Certificate of Release or Discharge from Active Duty) effecting this correction has not been prepared as of 3 June 2008.
9. 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 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, including RA RE codes.
10. RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
DISCUSSION AND CONCLUSIONS:
1. Although the ADRB upgraded the applicants discharge to honorable without changing his RE code to 1, the ADRB also determined that the reason for his discharge was both proper and equitable.
2. There is insufficient evidence to show that the applicant was improperly discharged; therefore, the narrative reason for his discharge and RE code 3 were both properly given.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ ___xx___ __xx____ 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.
_ ______xxxxxx___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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