IN THE CASE OF:	  

		BOARD DATE:	        21 JANUARY 2009

		DOCKET NUMBER:  AR20080014725 


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, reconsideration of his request that his reentry eligibility (RE) code be changed from a "4" to a "3."

2.  The applicant essentially states that he wishes to have his RE code changed so that he may reenlist.

3.  The applicant provides an unofficial copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); an unsigned self-authored letter, dated 22 October 2007; an undated and unsigned third-party letter purportedly from his former first sergeant; a third-party letter, dated 11 December 2006, from his father; a third-party letter, dated 6 August 2008, from a friend; undated third-party letters from his future father-in-law and mother-in-law; and a Privacy Act release form, dated 1 September 2008, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070008709, on 13 December 2007.

2.  The undated and unsigned third-party letter purportedly from his former first sergeant and the third-party letter, dated 11 December 2006, from his father were previously considered by the ABCMR and, as a result, will not be discussed further in these proceedings.
3.  The previous ABCMR proceedings noted that the applicant, who entered active duty on 29 August 2000, was found guilty pursuant to his pleas by a special court-martial of wrongfully possessing three quarters of a pound of marijuana on 25 October 2002 with the intent of distributing the same, wrongfully distributing some amount of marijuana between or about 15 August 2002 and 23 October 2002, and wrongfully manufacturing some amount of marijuana between on or about 1 August 2002 and 31 August 2002.  He was sentenced to confinement for 12 months and to be discharged from the service with a bad conduct discharge.  On 13 May 2005, he was discharged pursuant to a duly reviewed and affirmed court-martial order.  Item 24 (Character of Service) of his DD Form 214 shows that he received a bad conduct discharge.  This document also shows, in pertinent part, that the narrative reason for his discharge was as a result of a court-martial, that he was assigned a separation program designator (SPD) code of "JJD," and was assigned an RE code of "4."  Prior to initially applying to the ABCMR, the Army Discharge Review Board denied his petition to upgrade his discharge and change his RE code.

4.  The applicant provided an unsigned self-authored letter, dated 22 October 2007, in which he essentially stated that since his release from the Army in May 2005, he has done everything in his power to become a model citizen, father figure, and role model.  He also stated that in the last 3 years he has maintained a steady work ethic, started a family with his soon-to-be wife and helped raise two young boys, and is expecting another addition to his family in January.  He further stated that since 2005, he has not been in any trouble with the law or in any kind of trouble that might hurt his family's well being or his chances of reenlisting into the military.  He admitted that he knows that his crime was a disgrace, but believes that he has paid his dues and has become a better, more mature person from this ordeal.  He reiterated his desire to get back into the military and serve his country and make this a better place for his children to live and grow, and hopes that the ABCMR grants him that chance.

5.  The applicant also provided third-party letters, one dated 6 August 2008 and the others undated, from a friend and his future father-in-law and mother-in-law.  These letters essentially state that the applicant is a helpful friend who treats everyone with respect, and has matured wonderfully over the last 4 years.  In particular, the letter from his future father-in-law stated that being a veteran himself, he thinks that the applicant would be a great asset to the Army, and is in great physical shape with a good head on his shoulders.  The letter from his future mother-in-law also essentially stated that the applicant is a very intelligent young man with a good [work] ethic, and that she believes that he would make an excellent addition to the Armed Forces.

6.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army and the United States 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 codes "1" and "2" permit immediate reenlistment if all other criteria are met.  An RE code of "3" applies to persons not qualified for continued Army service, but the disqualification is waivable.  An RE code of "4" indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.  This regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.

7.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  Additionally, the SPD/RE Code Cross Reference Table establishes RE codes to be assigned for each SPD.

8.  An SPD code of "JJD" applies to persons who are discharged as a result of a court-martial sentence.  The SPD/RE Code Cross Reference Table shows that an RE code of "4" is the applicable RE code assigned for individuals discharged as a result of a court-martial sentence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his request that his RE code be changed from a "4" to a "3" be reconsidered.

2.  The applicant's unsigned self-authored letter and the third-party letters of support provided by the applicant were carefully considered.  However, 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.

3.  The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed.  His narrative reason for discharge was based on his discharge as a result of a court-martial sentence, and there is no basis upon which to change this reason.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.


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 to amend the decision of the ABCMR set forth in Docket Number AR20070008709, dated 13 December 2007.



      _________XXX________________
                 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)                                         AR20080014725



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ABCMR Record of Proceedings (cont)                                         AR20080014725



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