IN THE CASE OF:	

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080005979 


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, in effect, a change in his Reentry Code (RE Code) from "4" to a "3" in order for him to enlist. 

2.  The applicant states, in effect, that he would like to return to active duty but is unable to due to his RE Code of 4.  He was told that he could enlist if he had a RE Code of "3."  He adds that he would like to return to service and serve our country.

3.  The applicant provides no additional documentation in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 2 March 2004.  He was trained as an Infantryman, in military occupational specialty (MOS), 11B.  He was advanced to pay grade E-3 on an unspecified date.

2.  At a general court-martial on 24 June 2005, the applicant was found guilty of wrongfully consuming alcohol, while under the age of 21; of wrongfully being outside of his assigned unit area during curfew hours, while not on leave or pass; of stealing an ATM card, the property of a commissioned officer; of stealing property, of less than $500.00, the property of foreign nationals, in Korea, on four occasions; and of the intent to defraud by falsely forging the signature of a commissioned officer, to certain receipts.  He was sentenced to be reduced to pay grade E-1, to forfeit all pay and allowances, to be confined for 15 months, and to be discharged with a bad conduct discharge (BCD).  The sentence was adjudged on 24 June 2005.  Only so much of the sentence as provided for reduction to E-1, forfeiture of all pay and allowances, confinement for 15 months, and a BCD was approved and except for that portion of the sentence pertaining to a BCD would be executed.  

3.  On 18 October 2006, the United States Army Court of Criminal Appeals affirmed the findings and sentence.

4.  On 6 July 2007, the applicant was discharged from the Army pursuant to the sentence of a general court-martial and was issued a BCD.  He had served 2 years, 4 months, and 23 days of creditable service and had 346 days lost time due to confinement.

5.  Item 27 (Reenlistment Code), of the applicant’s DD Form 214, shows the entry "4," item 26 (Separation Code) shows the entry "JJD," and the narrative reason for separation entered on his discharge certificate was "court-martial, other."

6.  The applicant's case is ineligible for review by the Army Discharge Review Board (ADRB) due to his conviction by a general court-martial.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-11 of that regulation provides that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial.  The appellate review must be completed and the sentence affirmed before it can be duly executed.

8.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry 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.  This chapter includes a list of Armed Forces reentry codes, including RA RE codes.

9.  RE-4 applies to persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualification such as misconduct.

10.  RE-3 applies to persons not fully qualified for continued Army service and personnel who are discharged, but the disqualification is waivable.


11.  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 "JJD" as shown on the applicant’s DD Form 214 is appropriate for involuntary discharge when the narrative reason for discharge is "Court Martial."  

12.  The SPD/RE Code Cross Reference Table, dated October 1999, 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 "JJD" has a corresponding RE 
code of "4.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was discharged under the provisions of Army Regulation 635-200, chapter 3, for court-martial, and was issued a bad conduct discharge.  He was given an RE Code of "4."

2.  The separation code of "JJD" was entered in its appropriate space on the DD Form 214 and the narrative reason for his discharge was shown to be "court-martial, other."  The separation code "JJD" has a corresponding RE Code of "4."

3.  It is apparent that the applicant wishes to enlist; however, his RE Code of "4" prevents him from enlisting.  He alleges that he was told that he could enlist if he had an RE Code of "3."  He has provided no evidence, and there is none, to support such a change to his RE Code from RE "4" to RE "3."

4.  The RE Code of "4" applied to the applicant's DD Form 214 is consistent with the basis for his separation and in this case there is no basis to correct the existing code.

5.  In order to justify correction of a military record, the applicant must show 
to the satisfaction of the Board, 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.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  __x_____  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.



      _________x______________
      	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.

ABCMR Record of Proceedings (cont)                                         AR20080005979



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ABCMR Record of Proceedings (cont)                                         AR20080005979



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