BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100019925
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 that his reentry eligibility (RE) code be changed from an RE code of 3 to 2.
2. The applicant states he was discharged with an injury and his unit did not send him to a Medical Evaluation Board. He wants to heal fully in order to get back on active duty as soon as possible.
3. The applicant provides third-party letters of support that attest to his character, school diplomas that show he attained certain degrees, and a Radiologic Examination Report that shows he was treated for left foot pain.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 May 2008. Upon completion of initial entry training he was awarded military occupational specialty 92A (Automated Logistical Specialist).
2. On 21 January 2010, he was notified by his unit commander of a pending action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12b, due to a pattern of misconduct.
3. On 1 March 2010, the separation authority approved the recommendation for separation with his service characterized as general, under honorable conditions. Accordingly, he was discharged from active duty on 18 March 2010.
4. Item 26 (Separation Code) of his DD Form 214 shows the entry "JKA." Item 27 (Reentry Code) shows he was assigned an RE code of "3." Item 28 (Narrative Reason for Separation) shows the entry "Pattern of Misconduct."
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. This regulation provides 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. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes, including Regular Army RE codes, and states:
* RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable
* RE-2 was discontinued effective 28 February 1995
* RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, provided all other qualifications are met
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific reasons for separating Soldiers from active duty and the separation codes to be entered on the DD Form 214. It provides that when a Soldier's narrative reason for separation is "Pattern of Misconduct," a separation code of "JKA" will be entered in item 26 of the DD Form 214.
7. The SPD/RE Code Cross Reference Table states that when the SPD code is "JKA" the RE code of 3 will be assigned.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for his RE code of 3 to be changed to an RE code
of 2 has been carefully considered.
2. He was assigned an SPD code of "JKA" indicating he was discharged due to a pattern of misconduct.
3. The RE code of 3 was correctly entered on his separation document in accordance with governing regulations.
4. There is no apparent basis for removal or waiver of his disqualification that established the basis for the RE-3. His desire to continue in the service of his country is noted; however, there are no provisions authorizing the change of an RE code for this purpose.
5. Based on the foregoing, the applicant's request should be denied.
6. However, the applicant is advised that the disqualification that established the basis for the RE code of 3 is waivable; therefore, he should contact the nearest recruiting station to inquire about his eligibility for reentry into the Army.
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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