IN THE CASE OF:	  

		BOARD DATE:	  20 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014271 


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 RE Code 4 to RE Code 3, for the purpose of his reenlistment.  

2.  The applicant states that he believes even though he has made mistakes in the past he can be a valued asset to the US Army.  

3.  In support of his application, the applicant provides copies of his Enlisted Record Brief, his Record of Trial by Summary Court-Martial, a Memorandum For Record pertinent to the review of his summary court-martial, his DD Form 214 (Certificate of Release or Discharge from Active Duty), and his separation orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he enlisted in the Army Delayed Entry Program on 18 October 2002.  He enlisted in the Regular Army, in pay grade 
E-1, on 17 March 2003.  He completed basic and advanced individual training and was awarded military occupational specialty 63B, Wheeled Vehicle Mechanic.  He was promoted to pay grade E-3 on 21 January 2004.

2.  On 15 July 2005, the applicant was convicted by summary court-martial of two specifications of failing to report and one specification each of disobeying a lawful command and failing to obey a general order.  He was sentenced to a reduction to pay grade E-1, a forfeiture of $823.00 pay, and confinement for 30 days.

3.  A Memorandum For Record, dated 4 August 2005, shows the applicant’s sentence was found legally sufficient.

4.  The applicant was discharged on 23 September 2005, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, for pattern of misconduct, with his service characterized as under other than honorable conditions.  He was credited with 2 years, 8 months, and 3 days of total active service.  Item 26 (Separation Code) of his DD Form 214 states "JKA” and Item 27 (RE Code) states "RE-4."  

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes the policy and prescribes procedures for separating personnel for misconduct.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  The separation authority may direct a general discharge if such a discharge is merited by the Soldier's overall record.

6.  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 Reserve.  The regulation provided that prior to discharge or release from active duty, individuals would be assigned RE Codes, based on their service records or the reason for discharge.  Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment.  This chapter included a list of Armed Forces reentry codes, including RA RE Codes.  Chapter 3-10, also provided that RE Codes could be changed only if they are determined to be administratively incorrect.  

7.  An RE Code of “4” applies to persons separated from the last period of service with a non-waivable disqualification.  Members separated with an RE Code of “4” are ineligible for enlistment.  An RE Code of “3” applies to persons not qualified for continued Army service, but the disqualification is waivable.

8.  Army Regulation 601-201, Chapter 3-10, also provides that RE Codes may be changed only if they are determined to be administratively incorrect.  Applicants who have corrected RE Codes will be processed for a waiver at their request, if otherwise qualified, and a waiver is authorized.  

9.  Army Regulation 635-5-1 prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators (SPD) to be used for these stated reasons.  The regulation shows that the SPD of “JKA” as shown 
on the applicant’s DD Form 214 is appropriate for involuntary discharge when the narrative reason for discharge is a “Pattern of Misconduct” and the authority for discharge is Army Regulation 635-200, paragraph 14-12b. 

10.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows SPD codes with their corresponding RE code.  The Soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of “JKA” has a corresponding RE Code of “3.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged on 23 September 2005, under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b.  He was issued a Separation Code of "JKA" that has a corresponding RE Code of "3."  However, his DD Form 214 shows an RE Code of "4." 

2.  The applicant's RE Code of "4" is not consistent with the basis for his separation.  Therefore, it is recommended that the applicant's records be corrected to show the RE Code of "3" which is consistent with the basis for separation.  It would now be appropriate to change Item 27 of his DD Form 214 to show a reentry code of "3."

3.  It is apparent that the applicant now wishes to reenter the military and would like to continue to serve the nation; however, his current RE Code of "4" is non-waivable and prevents him from reenlisting.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

___X____  ___X____  ____X__  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 showing a reentry code of "3" in item 27 of his DD Form 214 issued on 
23 September 2005.




      _______ _   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)                                         AR20080014271



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1


ABCMR Record of Proceedings (cont)                                         AR20080014271


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1