IN THE CASE OF:
BOARD DATE: 5 October 2010
DOCKET NUMBER: AR20100012035
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, correction of his reentry eligibility (RE) code to a code that will allow him to enlist.
2. The applicant states:
* he made a terrible judgment in his life and in his military career
* he has never been in criminal trouble with the law
* he was under a lot of stress when he was in the Army because he was getting a divorce and had just returned from Iraq
* he was under pressure and wanted to be happier instead of being depressed
* he let his chain of command know "it was just one pill of Ecstasy"
* he was never allowed to explain the stress he was under
* he would like to reenter the military because he would like a second chance
* he was going to reenlist after he completed 2 years of service; however, the Army's policies changed before he could reenlist
3. The applicant provides a Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim).
CONSIDERATION OF EVIDENCE:
1. On 3 April 2002, the applicant enlisted in the Regular Army for 6 years in pay grade E-3. He completed training as a cavalry scout.
2. The applicant was counseled on four separate occasions between 23 August 2004 and 2 November 2004 for three incidents of failure to be at his appointed place of duty and for substandard performance.
3. He arrived in Iraq on 5 March 2005.
4. Nonjudicial punishment (NJP) was imposed against the applicant on or about 20 March 2005 for stealing batteries.
5. The applicant was counseled on 14 June 2005 and 11 September 2005 for being found in non-compliance with Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), paragraph 8-1 (Tattoo Policy), and for his lack of performance during the month of August.
6. He returned to the United States on 14 February 2006.
7. On 4 April 2006, the applicant was counseled for testing positive for methylenedioxymethamphetamine (Ecstasy) and methamphetamine. On 18 May 2006, NJP was imposed against the applicant for wrongfully using methamphetamines.
8. On 5 August 2006, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12b, for patterns of misconduct. He acknowledged receipt of the notification and after consulting with counsel, he waived his right to submit a statement in his own behalf.
9. The appropriate authority approved the recommendation for discharge on 7 September 2006 and directed the issuance of a general discharge. Accordingly, on 23 October 2006 the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b, for patterns of misconduct. He completed 4 years, 6 months, and 21 days of net active service during this period and he was issued a separation program designator (SPD) code JKA and an RE code 3.
10. On 8 January 2010, the Army Discharge Review Board denied the applicant's petition to upgrade his discharge and to change his RE code.
11. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states 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, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE code 3 applies to persons who have a waivable disqualification.
12. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons.
13. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Regular Army Soldiers and Reserve Component Soldiers separated for cause. The SPD code JKA has a corresponding RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code should be changed to a code that will allow him to reenter the military. However, there is no error or injustice in his assigned RE code.
2. His contentions have been noted. However, he was discharged due to a pattern of misconduct and he was assigned an RE code 3 and an SPD code JKA based on his reason for discharge.
3. Although the applicant desires to reenter into the military, it is insufficient justification for granting the relief requested.
4. The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of the disqualification. Therefore, if he desires to enlist, he should contact a local recruiter to determine his eligibility. Recruiting personnel can best advise a former service member as to the needs of the Army at the time and are required to process waivers of RE codes.
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.
ABCMR Record of Proceedings (cont) AR20100012035
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ABCMR Record of Proceedings (cont) AR20100012035
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