IN THE CASE OF:
BOARD DATE: 8 June 2010
DOCKET NUMBER: AR20090021620
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 change of his reentry (RE) code from RE-3 to RE-1.
2. The applicant states his RE code unnecessarily limits his employment, educational, and career advancement options.
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 3 August 2006 and trained as a wheeled vehicle mechanic.
2. On 24 September 2007, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) was imposed against the applicant for two specifications of using disrespectful language, one specification of disobeying a lawful order, and two specifications of failing to go at the time prescribed to his appointed place of duty. His punishment consisted of extra duty and restriction.
3. On 6 December 2007, NJP under the provisions of Article 15, UCMJ was imposed against the applicant for two specifications of using disrespectful language toward a staff sergeant. His punishment consisted of a reduction to private (PV1)/E-1, a forfeiture of pay, and extra duty and restriction.
4. On 13 February 2008, the applicant's unit commander initiated action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), paragraph
14-12c, for misconduct. On 26 February 2008, the separation authority approved the recommendation for separation and directed the issuance of a discharge under honorable conditions (a general discharge). On 19 March 2008, the applicant was accordingly discharged by reason of misconduct (serious offense).
5. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, PARA [paragraph] 14-12C. Item
26 (Separation Code) on his DD Form 214 shows the entry "JKQ." Item
27 (Reentry Code) on his DD Form 214 shows the entry "3." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry "MISCONDUCT (SERIOUS OFFENSE).
6. 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 separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code JKQ is Misconduct (Serious Offense) and the regulatory authority is Army Regulation 635-200, paragraph 14-12c.
7. 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. 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.
* RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
8. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD of JKQ will be given an RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The Army Board for Correction of Military Records does not correct records solely for the purpose of establishing eligibility for other programs or benefits.
2. The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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.
ABCMR Record of Proceedings (cont) AR20090021620
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