BOARD DATE: 6 May 2010
DOCKET NUMBER: AR20090018682
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 his Reentry (RE) code of RE-3 be upgraded.
2. The applicant states the following:
* RE code has caused a breach of contract and a bonus was not awarded
* RE code needs to be upgraded so his Army career will not be hindered
* RE code awarded was due to misconduct and other juvenile infractions
* He lacked experience and maturity
* He has met all of his obligations and completion of one year with his unit
* He has been a productive member of society since his discharge
* He has excelled in his career choice and at his unit
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.
CONSIDERATION OF EVIDENCE:
1. 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. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 3 September 1992. He was discharged on 17 August 1994 under the provisions of Army Regulation 635-200, paragraph 14-12b for misconduct pattern of misconduct with service characterized as general under honorable conditions.
4. His DD Form 214 shows he was given an RE code of RE-3 and a Separation Program Designator (SPD) code of "JKA" (Misconduct).
5. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 14 established policy and prescribed procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities. Action would be taken to separate a member for misconduct when it was clearly established that rehabilitation was impracticable or was unlikely to succeed.
6. 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. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes. RE3 applies to persons not qualified for continued Army service but the disqualification is waivable.
7. Army Regulation 635-5-1 (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 codes to be used for these stated reasons. The regulation shows that the SPD code JKA as shown on the applicants DD Form 214 specified the narrative reason for separation as involuntary release or transfer for Misconduct and that the authority for separation under this separation program designator was AR 635-200, paragraph 14-12b.
8. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 3 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12b for misconduct.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions regarding the affects of his RE code upon his career have been noted. However, the evidence of record does not contain sufficient evidence to substantiate his claims.
2. The applicant was separated from active duty on 17 August 1994 under the provisions of Army Regulation 635-200, paragraph 14-12b based on misconduct.
3. The applicant's DD Form 214 shows he was separated with a separation code of JKA and was assigned an RE code of RE-3 in accordance with the governing regulation in effect at the time.
4. The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed. His narrative reason for separation was based on misconduct pattern of misconduct and there is no basis upon which this reason should be changed. In view of the foregoing, there is no basis for granting relief in this case.
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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