IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008484 


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, in effect, an upgrade of his Reentry Eligibility (RE) code of 4 to 3 to allow him to return to active duty.

2.  The applicant states, in effect, the Army Discharge Review Board (ADRB) changed his RE code from 3 to 4 when his discharge was upgraded.  He also states according to the ADRB Case Report and Directive he should be assigned an RE code of 3.

3.  The applicant provides a self-authored statement and page one of the ADRB Case Report and Directive.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant enlisted in the Regular Army (RA) on 19 June 2000 and was discharged on 27 December 2006 under the provisions of Army Regulation 635-200, chapter 3, with a bad conduct discharge.  He completed      6 years, 1 month, and 10 days of active service.  He was assigned an RE code of "4," a Separation Program Designator (SPD) code of "JJD," and his narrative reason for separation was "Court-Martial Other."

2.  Records show on 7 February 2008, the applicant requested that the Army Discharge Review Board (ADRB) upgrade his discharge, change his narrative reason for separation, and his RE code.


3.  On 5 December 2008, the ADRB determined that clemency was warranted and voted to grant partial relief by upgrading his characterization of service to general under honorable conditions.  The ADRB determined his narrative reason for separation was not authorized to be changed due to Federal statute and he was appropriately assigned an RE code of 4 which could not be waived and he was no longer eligible for enlistment.

4.  On 8 December 2008, the ADRB informed the applicant of that board's decision.  A new DD Form 214 was issued to the applicant and the original 
DD Form 214 was voided.

5.  The applicant provided page one of the ADRB Case Report and Directive and Part III (Discharge Under Review) erroneously shows an RE code of 3.

6.  In a statement to this Board the applicant indicated, in effect:

* he regrets his past actions
* he has completed 3 years of college
* he is a VFW [Veteran of Foreign Wars] and American Legion member
* he has passed a substance abuse professional evaluation
* he is eligible for Merchant Marine and Transportation Worker Identification Credentials and that he wants to reenter the military

7.  Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations) sets forth the basic policy for the separation of enlisted personnel.  Chapter 3 (Character of Service/Description of Separation) provides that a discharge certificate or a DD Form 214 will be given to each Soldier of the Army upon discharge from the Service or release from active duty.  Paragraph 3-11 states that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial. 

8.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
 
9.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation, in effect at the time, provided that the SPD code of "JJD" as shown on the applicant’s original DD Form 214, specified the narrative reason for separation as "Court-Martial, Other” and the authority for separation as “Army Regulation 635-200, Chapter 3."
10.  By regulation an RE code of 4 is the proper code to assign members who were separated under the provisions of Army Regulation 635-200, by reason of court-martial with an SPD code of JJD. 

11.  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 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the Army Reserve. Chapter 3, table 3-1, lists Army RE codes.  RE code 4 applies to persons who are separated from service with a nonwaivable disqualification and are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his RE code of 4 be upgraded so he may reenter the military was considered; however, there is insufficient evidence to support this request.

2.  The applicant argues that the ADRB changed his RE code from 3 to 4 when his discharge was upgraded, however, his original DD Form 214 shows he was assigned an RE code of 4.  The entry on the first page of the ADRB Case Report and Directive is inconsistent with other sections in the document and is clearly a clerical error.  

3.  The evidence shows the applicant was appropriately assigned an RE code of 4 at the time of discharge.  Army Regulation 601-210 provides that an RE code of 4 applies to persons separated from their last period of service with a nonwaivable disqualification and those individuals are ineligible for enlistment.

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)                                         AR20100008484



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)