IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100009479 


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 4 be upgraded to a more favorable code so he may reenter military service.

2.  The applicant states, in effect, he received a bad conduct discharge, but he wants to reenter the military and serve as an infantry Soldier to get his honor back.  He had uncles who fought in World War I and II, the Korean War, and Vietnam.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his discharge orders. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 11 August 2006 and held military occupational specialty 52D (Power Generator Equipment Repairer).  The highest rank/grade he attained during his military service was private/E-2.  He was assigned to Fort Carson, CO. 

2.  His records show he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.




3.  On 17 August 2007, he was convicted by a special court-martial of three specifications of being absent without leave, two specifications of failing to go to his appointed place of duty, one specification of violating a lawful general regulation, two specifications of making a false official statement, one specification of wrongfully possessing some amount of marijuana, two specification of wrongfully using marijuana, and once specification of larceny.  He was sentenced to a reduction to private/E-1, a forfeiture of $867.00 pay for 
12 months, confinement for 350 days, and a bad conduct discharge.  The sentence was adjudged on 17 August 2007 and approved on 15 November 2007.

4.  On an unknown date, the U.S. Army Court of Criminal Appeals affirmed the approved findings of guilty and the sentence.

5.  Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK, Special Court-Martial Order Number 80, dated 12 June 2008, shows that after completion of all required post-trial and appellate reviews, the convening authority ordered the applicant’s bad conduct discharge executed.

6.  He was discharged from the Army on 28 October 2008.  The DD Form 214 shows that he was discharged in accordance with chapter 3 of Army Regulation 635-200 (Personnel Separations) as a result of court-martial with a bad conduct discharge.  He completed 1 year, 6 months, and 16 days of creditable military service and he had 243 days of lost time.  Item 26 (Separation Code) shows the entry "JJD" and item 27 (Reentry Code) shows a code of “4.” 

7.  Army Regulation 635-200 states, in pertinent part, 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 Regular Army and the US Army Reserve.  Table 3-1 included a list of the Regular Army Reenlistment Eligibility Codes (RE codes).  An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.  An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.  An RE-4 applies to Soldiers separated from the last period of service with a nonwaivable disqualification.

8.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The SPD Code of "JJD" is used when the authority for voluntary discharge is Army Regulation 635-200, chapter 3, as a result of a court-martial.  

9.  Table 2-3 (SPD/RE Code Cross Reference Table) of Army Regulation 635-5 (Separation Documents) establishes the RE codes to be used based on the appropriate SPD code.  In this case, the cross reference table shows that an
RE code “4” is assigned when the SPD code is "JJD."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code should be upgraded to a more favorable code that will allow him to reenter the military.

2.  The available evidence shows the applicant was convicted by a special court-martial, which was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable laws and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.  

3.  His RE code was assigned based on the fact that he was discharged under the provisions of chapter 3 of Army Regulation 635-200 due to a court-martial conviction.  Absent the applicant’s conviction that resulted in his bad conduct discharge, there was no fundamental reason to discharge him.  The underlying reason for his discharge was his court-martial conviction.  The only valid narrative reason for separation permitted is "Court-Martial" and the appropriate RE code associated with this discharge is “4.”

4.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant was assigned the appropriate SPD and RE codes and he has provided no evidence that shows this codes are in error or unjust.  Therefore, he is not entitled to 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)                                         AR20100009479



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR2