BOARD DATE: February 4, 2010
DOCKET NUMBER: AR20090014482
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 so he can reenlist.
2. The applicant states he believes his RE code is too harsh for his situation. He contends he was only 19 years old and dumb and he should not be punished for one bad decision that he made. He states it was punishment enough for him to get kicked out of the Army but he was also sentenced to 9 months of confinement.
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 27 March 1988. He enlisted in the Regular Army on 14 September 2005 and trained as an armament repairer.
2. On 1 June 2007, in accordance with his pleas, the applicant was convicted by a general court-martial of conspiring to commit larceny, destroying military property, larceny, unlawful entry with intent to destroy government property, and accessory after the fact. He was sentenced to be reduced to E-1, to be confined for 9 months, and to be discharged with a bad conduct discharge. On
26 October 2007, the convening authority approved the sentence.
3. On 14 February 2008, the U.S. Army Court of Criminal Appeals affirmed the findings of guilty and the sentence. On 12 May 2008, the U.S. Court of Appeals denied the applicant's petition for grant of review. On 12 June 2008, the convening authority ordered the bad conduct discharge to be executed, indicating the sentence was affirmed.
4. The applicant was discharged with a bad conduct discharge on 3 October 2008 under the provisions of Army Regulation 635-200, chapter 3, as a result of a court-martial.
5. Item 25 (Separation Authority) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the entry "AR [Army Regulation] 635-200, CHAP [chapter] 3." Item 26 (Separation Code) of his DD Form 214 shows the entry "JJD." Item 28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "COURT-MARTIAL, OTHER."
6. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Chapter 3 of this regulation states that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial. The appellate review must be completed and the affirmed sentence ordered duly executed.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons. 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.
8. 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. Army Regulation 601-210 (Regular
Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Table 3-1 included a list of the RA RE codes:
a. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
b. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted.
c. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
9. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given a separation program designator of "JJD" will be given an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. Age is not a sufficiently mitigating factor. 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.
2. The applicants RE code was administratively correct and in conformance with applicable regulations at the time of his separation. Therefore, there is no basis for granting the applicant's request to change his 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.
_______ _ 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.
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