IN THE CASE OF:
BOARD DATE: 11 December 2008
DOCKET NUMBER: AR20080016089
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 to RE-3 so he can return to duty.
2. The applicant states, in effect, that when he was out-processing he was told his RE code would require him to get a waiver to return to duty.
3. The applicant provides no additional evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 14 May 2003 and trained as an Apache Helicopter - 64D armament electrical avionics systems repairer in military occupational specialty 15Y. On 20 October 2005, he was discharged under other than honorable conditions under the provisions of Army Regulation
635-200, paragraph 14-12b, for a pattern of misconduct. He had served a total of 2 years, 5 months, and 7 days of creditable active service.
2. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, PARA [paragraph] 14-12B. Item
26 (Separation Code) on his DD Form 214 shows the entry, "JKA." Item
27 (Reentry Code) on his DD Form 214 shows the entry, "4." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "PATTERN OF MISCONDUCT.
3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense (military or civilian offense), and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.
4. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code JKA is Pattern of misconduct and the regulatory authority is Army Regulation 635-200, paragraph 14-12b.
5. 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 processing into the Regular Army 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.
6. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
7. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
8. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 8 September 2005, shows that when the SPD [Separation Program Designator] is "JKA," then an RE code of 3 will be given.
DISCUSSION AND CONCLUSIONS:
Item 27 on the applicants DD Form 214 incorrectly shows his RE code as 4. Therefore, it would be appropriate to correct item 27 on his DD Form 214 to show the entry, 3.
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:
a. deleting the entry, 4 in item 27 on his DD Form 214; and
b. adding the entry, 3 in item 27 on this DD Form 214.
_________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.
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