IN THE CASE OF:	

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090017547 


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 eligibility (RE) code to allow his enlistment in the U.S. Army.

2.  The applicant states that during his previous enlistment he made foolish and immature choices.  He asks for the opportunity to show that he has matured and to allow him to serve his country.

3.  In support of his application, the applicant provides a self-authored statement and two character reference letters.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers requests and statements to the applicant.  He provided a copy of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Army Delayed Entry Program on 1 May 2008.  He enlisted in the Regular Army in pay grade E-2 on 5 August 2008 for 3 years.  He did not complete advanced individual training; therefore, he was not awarded a military occupational specialty.

2.  On 10 March 2009, the applicant's company commander advised the applicant that he was initiating action to separate him from the service for patterns of misconduct under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 14-12b, with a general discharge.  The company commander stated that the reasons for his proposed actions were the applicant's failure to be at his appointed place of duty several times, failure to obey lawful orders and regulations on multiple occasions, dereliction in the performance of his duties, and breaking restriction on several occasions.

3.  On 11 March 2009, the applicant acknowledged receipt of the commander's notification.  He waived his right to counsel and elected not to submit a statement in his own behalf.

4.  On 11 March 2009, the applicant's company commander recommended the applicant be separated before the expiration of his term of service pursuant to paragraph 14-12b of Army Regulation 635-200 and that he be issued a General Discharge Certificate.

5.  On 13 March 2009, the applicant's battalion commander recommended approval of the company commander's recommendation for the separation of the applicant.  The battalion commander recommended the applicant be issued a general discharge.

6.  On 13 March 2009, the separation authority approved the recommendation for the applicant's discharge and directed that he be issued a general discharge.

7.  The applicant was discharged in pay grade E-2 on 19 March 2009 under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct -pattern of misconduct - with a general discharge.  He was credited with completing 7 months and 15 days of net active service.

8.  Item 26 (Separation Code), of the applicant's his DD Form 214 states "JKA" and item 27 (Reentry Code) states "RE-4."

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Reserve.  The regulation provides 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.  Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment.  This chapter includes a list of Armed Forces reentry codes, including Regular Army RE codes.  Paragraph 3-10 also provides that RE codes may be changed only if they are determined to be administratively incorrect.  RE-4 applies to persons separated from the last period of service with a non-waivable disqualification.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

10.  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 SPD's to be used for these stated reasons.  The regulation shows that the SPD of JKA as shown on the applicant's DD Form 214 is appropriate for voluntary discharge when the narrative reason for discharge is "pattern of misconduct" and the authority for discharge is Army Regulation 635-200, paragraph 14-12b.

11.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows SPD codes with their corresponding RE code.  The Soldier's file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of JKA has a corresponding RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged on 19 March 2009 under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12b.  He was issued a separation code of JKA that has a corresponding RE code of 3.  However, his DD Form 214 shows an RE code of 4.

2.  The applicant's RE code of 4 is not consistent with the basis for his separation.  Therefore, it is recommended that the applicant's records be corrected to show the RE code of 3 which is consistent with the basis for his separation.  It would now be appropriate to change item 27 of his DD Form 214 to show a reentry code of 3.

3.  It is apparent the applicant now wishes to reenter the military and would like to continue to serve the nation; however, his currently shown RE code of 4 prevents him from enlisting.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.


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 showing an RE code of 3 in item 27 of the applicant's DD Form 214 with an ending date of 19 March 2009 and providing him a corrected separation document.



      ____________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)                                         AR20090017547



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ABCMR Record of Proceedings (cont)                                         AR20090017547


   
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