IN THE CASE OF:	
		BOARD DATE:	14 OCTOBER 2009

		DOCKET NUMBER:  AR20090009351


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 her reentry eligibility (RE) code be upgraded.

2.  The applicant states that the Army Discharge Review Board (ADRB) upgraded her characterization of service and she has been told she needs an upgrade of her RE code to reenlist.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 31 January 1995 and entered into two extensions of her active service.  Her military occupational specialty is shown as 97B (Counterintelligence Agent) for 5 years and 5 months and as 98H (Morse Interceptor) for 8 years and 10 months.

2.  On 14 December 2003, a bar to reenlistment was imposed and her top secret clearance was suspended.

3.  On 25 December 2003, the applicant was involved in a domestic disturbance wherein she was charged with assault.  The final outcome of the charges is not of record.

4.  During her last enlistment the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice as follows:

	a.  on 19 December 2003, for failure to go to her place of duty and making a false statement; 

	b.  on 21 May 2004, for failure to go to her place of duty on four occasions, being disrespectful in deportment toward a senior noncommissioned officer (NCO), for disobeying a lawful order from an NCO, and for making false statements on three occasions;

	c.  on 15 June 2004, for several counts of failure to report, disrespecting a senior NCO, disobeying lawful orders, and making false statements; and

	d.  on 7 July 2004, for being absent without leave for two days.

5.  The applicant received negative counseling statements, in addition to those related to her NJP's, as noted below:

	a.  9 October 2003, for failure to utilize the chain of command;

	b.  9 October 2003, for failure to obey an order or regulation and insubordination;

	c.  14 October 2003, for failure to go to her place of duty;

	d.  14 October 2003, for failure to obey an order or regulation (two occurrences) and insubordination; 

	e.  5 November 2003, for failure to utilize good judgment as an NCO;

	f.  15 January 2004, for failure to report for duty and failure to obey an order or regulation;

	g.  15 January 2004, for writing a worthless check, failure to obey an order or regulation, and making a false official statement;

	h.  15 January 2004, for her low standards of performance and unprofessionalism, an established pattern of misbehavior, a total disregard for any rehabilitative efforts to improve her performance, and blatant disregard for her fellow Soldiers and leaders resulting in a detriment to the overall morale of the section;
	i.  4 February 2004, for failure to go to her place of duty (mobilization representative meetings on 31 January and 1 February 2004);

	j.  4 February 2004, for failure to go to her place of duty on 2 February 2004;

	k.  4 February 2004, for failure to go to her place of duty on 3 February 2004; 

	l.  6 February 2004, for failure to go to her place of duty; 

	m.  19 April 2004, for dereliction in the performance of duties and making a false official statement;

	n.  20 April 2004, for dereliction in the performance of duties and making a false official statement [this is the same incident as reported above and given by the same NCO];

	o.  29 April 2004, for being out of formation; 

	p.  4 May 2004, for failure to go to her place of duty;

	q.  6 May 2004, for making false official statements, failure to obey an order or regulation, and dereliction in the performance of her duties; and 

	r.  6 May 2004, for failure to report to her duty station on two occasions, making false official statements on two occasions, and reporting late to her duty assignment.

6.  On 26 July 2004, the applicant's unit commander recommended she be discharged under the provisions of Army Regulation 635-200, paragraph 14-12c for commission of a serious offense.  The unit commander recommended she receive an under other than honorable conditions discharge.

7.  After consulting with counsel, the applicant acknowledged her rights and submitted an unconditional waiver of all of her rights on 27 July 2004.

8.  The discharge authority approved the separation on 3 August 2004 and directed the applicant be discharged with an under other than honorable discharge.

9.  The applicant was discharged on 24 September 2004 under Army Regulation 635-200, paragraph 14-12c, for misconduct and given an under other than honorable conditions characterization of service.  

10.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the following;

	a.  she had 9 years, 6 months, and 24 days of creditable service with two days of lost time;

	b.  her awards are the Joint Service Achievement Medal, the Army Achievement Medal, the Army Good Conduct Medal (3rd Award), the National Defense Service Medal, the Global War On Terrorism Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, and the Overseas Service Ribbon; and 

	c.  her separation code is JKQ and her RE code is "3.".

11.  On 7 December 2007, the ADRB upgraded the applicant's characterization of service to general, under honorable conditions.  They declined to change the reason for separation or change her RE code.

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory or other directives), reasons for separating Soldiers from active duty and the SPD codes to be entered on DD Form 214.  It indicates that a separation under the provisions of Army Regulation 635-200, chapter 14-12c carries an SPD of JKQ.

13.  The SPD/RE Code Cross-Reference Table indicates an SPD of JKQ requires an RE code of 3.

14.  Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time.  In general, those who receive an Army RE code of "1" may reenlist in the Army or another service with no waiver.  Individuals with an RE code of "3" can normally reenlist but will require a waiver to be processed.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that the ADRB upgraded her characterization of service and she has been told she needs an upgrade of her RE code to reenlist.

2.  During the applicant's last year of service she received NJP on 4 occasions and 18 negative counseling statements.

3.  The fact that the ADRB elected to upgrade her characterization of service does not diminish the seriousness of the misconduct.

4.  Her chronic misconduct warranted elimination from the service.  The reason for separation is appropriate.

5.  The applicant's administrative separation was accomplished in compliance with applicable regulations.  The type of discharge she received and the reason for separation were appropriate considering all the facts of the case.

6.  The RE code is linked to the SPD and the reason for separation.  Without a change of the applicant's reason for separation, it is not appropriate to change the SPD or the RE code.

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.



      __________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)                                         AR20090005003



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Proceedings (cont)                     AC        


ABCMR Record of Proceedings (cont)                                     AR20090009351



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508