BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090018619
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 4 be changed so that he may reenlist in the Army.
2. The applicant states that his discharge is not unjust. He wants to correct the errors he made when he was younger. He is now 30 years old, in great shape, and feels that he has a lot to offer the armed forces. He wants a better future.
3. The applicant provides, in support of his application, copies of two letters of support and a petition for re-enlistment with 75 names.
CONSIDERATION OF EVIDENCE:
1. On 3 March 1998, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 11B (Infantryman).
2. On 14 June 1999, the applicant was convicted at a special court-martial of breaking restriction, wrongful use of marijuana, and failure to go to his appointed place of duty at the time prescribed. The sentence included a bad conduct discharge, forfeiture of $639 pay per month for 6 months, and 47 days confinement. The sentence was affirmed in 2001.
3. The applicant was retained in service 2,513 days for the convenience of the government. He was on excess leave for 3,142 days.
4. On 29 February 2008, the applicant was separated with a bad conduct discharge. Accordingly, he was given a Separation Program Designator (SPD) Code of JJD and an RE Code of 4.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. RE 4 applies to persons separated from their last period of service with a non-waivable disqualification.
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JJD was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, Chapter 3, due to trial by court-martial. Additionally, the SPD/RE Code Cross Reference Table establishes RE Code 4 as the proper RE code to assign to Soldiers for this reason.
7. The letters of support state that the applicant has had some challenges in his life but has been working through them. He is very dedicated to his family. He has a 2-year old son who is very well balanced. The applicant has a strong work ethic, is respectful, and knows the importance of family. He is trying to right the wrongs of his youth and needs his RE code upgraded so that he may reenter the military.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants to correct his errors he made when he was younger. To do so, he requests that his RE Code 4 be changed so that he may reenlist in the Army.
2. Trial by court-martial was warranted by the gravity of the offenses charged. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
3. The RE Code 4, establishing his ineligibility for enlistment/reenlistment, was correctly entered on his separation document in accordance with governing regulations. There is no evidence of error or injustice.
4. There is no apparent basis for removal or waiver of the applicantÂ’s disqualification that established the basis for the RE Code 4. While the applicantÂ’s desire to correct the ways of his youth and to again serve his country is commendable, there are no provisions authorizing the change of an RE Code for this purpose.
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.
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