IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100020421
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 3 be upgraded.
2. He states he wants to rejoin the military.
3. He provides no additional documents.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army (RA) on 7 September 2005.
3. The unit commander notified him that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12b for misconduct pattern of misconduct. The unit commander cited as the basis for taking the action the applicants failure to go at the prescribed time to his appointed place of duty without authority, on diverse occasions between on or about 9 October 2008 and 18 February 2009. He acknowledged receipt of this notification and was advised of his rights. He consulted with legal counsel and did not submit statements in his own behalf.
4. The separation authority approved the separation action under provisions of Army Regulation 635-200, paragraph 14-12b due to misconduct pattern of misconduct with a general discharge.
5. He was discharged on 9 April 2009 under the provisions of Army Regulation 635-200, paragraph 14-12b for misconduct pattern of misconduct with a general discharge.
6. His DD Form 214 shows he was assigned an RE code of 3 and a Separation Program Designator (SPD) code of "JKA" (Pattern of Misconduct).
7. References:
a. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 14 established policy and prescribed procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities. Action would be taken to separate a member for misconduct when it was clearly established that rehabilitation was impracticable or was unlikely to succeed.
b. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states, in pertinent part, that the SPD code JKA is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12b due to misconduct-pattern of misconduct. The SPD/RE Code Cross Reference Table indicates that an RE code of 3 is the proper code to assign members separated with an SPD code of JKA.
c. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the United States 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, including RA RE codes. The RE code of 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 and the individual is eligible for reentry if a waiver is granted.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he wants his RE code changed so he can rejoin the military. However, the evidence of record does not indicate an error or injustice exists in this case.
2. He was discharged from active duty on 9 April 2009 under the provisions of Army Regulation 635-200, paragraph 14-12b based on a pattern of misconduct.
3. His DD Form 214 shows he was separated with an SPD code of JKA and assigned an RE code of 3 in accordance with the governing regulation in effect at the time.
4. His RE code is based on his reason for discharge and cannot be changed unless his narrative reason for separation is changed. His narrative reason for separation was based on misconduct pattern of misconduct and there is no basis upon which this reason should be changed. Therefore, there is no basis for granting relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_______ _ _______ ___
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) AR20100020421
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100020421
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130013656
The applicant requests his general discharge be upgraded to an honorable discharge and his reentry eligibility (RE) code be changed from RE-3 to a more favorable code. Army Regulation 635-200 further 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. It states that the SPD code of JKA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation...
ARMY | BCMR | CY2012 | 20120022009
Army Regulation 635-200 further 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. The applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12b; therefore, he was properly assigned the SPD code of JKA and corresponding RE code of "3" in accordance with the applicable regulations. The applicant has failed to show through the evidence submitted or the...
ARMY | BCMR | CY2012 | 20120005009
Although there is insufficient evidence to support a change of the applicants RE code to 1 which would make him fully eligible for reenlistment, there was an error that resulted in the applicant being assigned an RE code "4" instead of an RE code of "3" which was authorized by the governing regulation in effect at the time. Therefore, it would be appropriate to correct the applicants DD Form 214 to show he was assigned the RE code of "3" based on his authority and reason for his...
ARMY | BCMR | CY2009 | 20090001249
Application for correction of military records (with supporting documents provided, if any). The applicant's military records also contained a separation packet which shows that the applicant's discharge under the provisions of Paragraph 14-12b (Pattern of Misconduct), Army Regulation 635-200 (Active Duty Enlisted Administration Separations) was approved by the proper separation authority. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for...
ARMY | DRB | CY2013 | AR20130010636
Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 1 May 2004 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14, paragraph 14-12b, JKA, RE-3 e. Unit of assignment: 7th Army Training Command, NCOA, APO AE f. Current Enlistment Date/Term: 31 October 2002, 4 years g. Current Enlistment Service: 1 year, 6 months, 1 day h. Total Service: 3 years, 11 months, 9 days i. The evidence contained in the applicants service record indicates that on 12...
ARMY | BCMR | CY2013 | 20130003070
The applicant states he would like to reenter the military. It states SPD code JKA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12b by reason of "pattern of misconduct." _______ _ __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.
ARMY | BCMR | CY2009 | 20090018682
Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 3 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12b for...
ARMY | BCMR | CY2010 | 20100018603
The applicant's military records show he enlisted in the Regular Army (RA) in pay grade E-1 on 30 June 1998, for 4 years. On 4 May 2007, he was discharged in pay grade E-2 under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct-pattern of misconduct with a general discharge. The evidence of record shows the applicant was discharged on 16 September 2004, under the provisions of Army Regulation 635-200, paragraph 14-12b, due to a pattern of misconduct.
ARMY | BCMR | CY2011 | 20110008146
The applicant's DD Form 214 he was issued at the time shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b with a separation code of "JKA," reentry code of "3," and a narrative reason for separation of a pattern of misconduct. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will...
ARMY | BCMR | CY2013 | 20130002925
On 19 March 2004, he was notified by his unit commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 14-12b, for patterns of misconduct. The SPD/RE Code Cross Reference Table, dated 31 March 2003, stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JKA. The evidence of record shows the applicant was recommended for...