IN THE CASE OF:
BOARD DATE: 21 July 2009
DOCKET NUMBER: AR20090004574
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 a change to his reentry (RE) code from a 4 to a 3 so he can reenter the Army.
2. The applicant states that when his son passed away, he went absent without leave (AWOL) and that he has been punished for his actions. He states that his attorney knew that he wanted back in the Army but he never made the effort to try to get him back into the Army. He states that he believes that his punishment was too severe because he did 9 months in jail and lost his career. He states that he knows others who went AWOL for less and they didn't get anything. He further states that the Army is his life and that with all due respect, he would like to get back in and be the Soldier that he knows he can be at all costs.
3. The applicant provides a copy of his reassignment orders, dated 5 September 2008; and two copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.
CONSIDERATION OF EVIDENCE:
1. On 8 October 2003, the applicant enlisted in the Regular Army (RA) in Indianapolis, Indiana, for 3 years, in the pay grade of E-1. He successfully completed his training and he was awarded military occupational specialty (MOS) 63B (wheeled vehicle mechanic). On 22 August 2005, the applicant reenlisted in the Army for 5 years.
2. On 17 October 2005, the applicant was convicted by a general court-martial for being AWOL from the unit, with intent to avoid field exercises, from 8 July 2006 until 7 August 2006 and for missing movement. He was sentenced to confinement for 8 months, a bad conduct discharge, a reduction to the pay grade of E-1, and a forfeiture of pay in the amount of $849.00 per month for eight months.
3. The convening authority approved the sentence, except for that part of the sentence extending to a bad conduct discharge, and directed that the sentence be executed. On 30 October 2007, the U.S. Court of Criminal Appeals affirmed the findings and sentence as approved by the convening authority.
4. On 13 March 2008, Headquarters, U.S. Armor Center, Fort Knox, Kentucky, affirming that the sentence of confinement had been served, directed the issuance of a bad conduct discharge.
5. Accordingly, on 12 September 2008, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 3 as a result of a duly reviewed and affirmed general court-martial conviction. He had completed 4 years, 3 months, and 18 days of net active service. He was furnished a bad conduct discharge and assigned an RE-4 code.
6. Pertinent Army regulations provide that prior to discharge, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 (Active and Reserve Components Enlistment Programs) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Chapter 3 of that regulation prescribes the basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes. An RE-4 code applies to a person with a non-waivable disqualification. A Soldier separated due to conviction by court-martial is issued an RE-4 code.
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Programs) provides the guidance for the issuance of RE codes upon separation from active duty. It states, in pertinent part, that these codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code should be changed to one that will allow him to reenter the Army.
2. His contentions have been noted. However, he was discharged under the provisions of Army Regulation 635-200, chapter 3 as a result of a duly reviewed and affirmed general court-martial conviction.
3. The applicant was separated and assigned an RE code in accordance with the applicable regulation and there appears to be no basis for removal of those disqualifications which established the basis for the RE-4 code.
4. In order to justify correction of a military record the applicant must show 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.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090004574
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004574
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110006489
The applicant requests upgrade of his bad conduct discharge to a general discharge and change of his reentry eligibility (RE) code to one that will allow him to reenter military service. On 10 April 2009, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 3, as a result of a court-martial with a bad conduct discharge. Therefore, the applicant's record of service is insufficiently meritorious...
ARMY | BCMR | CY2007 | 20070012027
On 30 January 2004, the applicant was given a bad conduct discharge from active duty for Court-Martial, Other. He had completed 5 years, 10 months, and 8 days of active service. Since the applicant was properly discharged, there is no reason to change a correctly assigned RE code.
ARMY | BCMR | CY2009 | 20090014482
BOARD DATE: February 4, 2010 DOCKET NUMBER: AR20090014482 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The regulation states the reason for discharge based on separation code "JJD" is "Court-Martial, Other" and the regulatory authority is Army Regulation 635-200, chapter 3. Although the applicant was 17 years of age when he enlisted, he served almost 2 years of service prior to his general court-martial conviction.
ARMY | BCMR | CY2009 | 20090012521
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. However, although he was 18 years old at the time of his enlistment, he successfully completed training, served for more than 2 years, and was nearly 20 years of age at the time he committed the offenses that led to his GCM and BCD. As a result, absent any evidence of error or injustice related to the...
ARMY | BCMR | CY2008 | 20080009600
The applicant requests, in effect, that his bad conduct discharge be upgraded to an honorable or general discharge, and that his reentry (RE) code be changed to an RE code that he can reenter the Service with. The applicant contends that his bad conduct discharge should be upgraded to an honorable or general discharge, and that his RE code should be changed to an RE code that he can reenter the Service with. However, after a thorough review of the available records, there was no cause for...
ARMY | BCMR | CY2009 | 20090010622
IN THE CASE OF: BOARD DATE: 13 April 2010 DOCKET NUMBER: AR20090010622 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests an upgrade of his bad conduct discharge (BCD) to a general discharge (GD) and a change to the reentry eligibility (RE) code he was assigned. Army Regulation 601-210 states 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 | BCMR | CY2010 | 20100009479
The applicant requests his reentry (RE) code of 4 be upgraded to a more favorable code so he may reenter military service. Army Regulation 635-200 states, in pertinent part, 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. The applicant was assigned the appropriate SPD and RE codes and he has provided no evidence that shows this codes are in error or unjust.
ARMY | BCMR | CY2011 | 20110015743
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The evidence of record shows the applicant was convicted by a general court-martial of one specification of manslaughter. He has not provided sufficient evidence or argument to show his discharge should be upgraded to an under other than honorable conditions discharge.
ARMY | BCMR | CY2012 | 20120005013
On 24 October 2008, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 3, as a result of a court-martial with a bad conduct discharge. Army Regulation 635-200 further states 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. Therefore, there is no basis for granting the applicant's request to...
ARMY | BCMR | CY2006 | 20060006548C070205
In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction. The punishment for robbery (Article 122) includes a Dishonorable Discharge or a Bad Conduct Discharge and confinement for 10 years. Based on the nature of the applicant's request, the Board also considered upgrading the applicant's discharge and assigning a corresponding RE Code that would...