IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100021630 


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 (RE) code be upgraded.  

2.  The applicant states he went absent without leave (AWOL) because he did not want to serve in the military occupational specialty (MOS) he was training in.  He claims he used his chain of command and when he was told nothing could be done, he told his superiors he was going AWOL.  He now states he knows it was a mistake and he wants nothing other than to serve in the Army and requests his RE code be upgraded to one that would allow him to reenlistment.  

3.  The applicant provides a self-authored statement in support of his application.  

CONSIDERATION OF EVIDENCE:

1. On 27 October 2008, the applicant enlisted in the U.S. Army Reserve (USAR) for 8 years for the Selected Reserve Incentive Program.  A DA Form 3540 (Certificate and Acknowledgment United States Army Reserve Service Requirements and Methods of Fulfillment) completed during the applicant’s enlistment processing confirms he enlisted for a Selected Reserve unit vacancy in MOS 35M (Human Intelligence Collector).  

2.  On 9 February 2009, the applicant entered active duty to complete his initial active duty for training (IADT), which included basic combat training and advanced individual training (AIT) in MOS 35M.  

3.  On 20 February 2009, the applicant departed AWOL from his AIT unit at Fort Huachuca, Arizona.  He remained away for 152 days until he returned to military control on 21 July 2009.  

4.  On 10 August 2009, the unit commander notified the applicant of his intent to process him for separation under the provisions of paragraph 14-12c (Commission of a Serious Offense), Army Regulation 635-200, based on his period of AWOL from 20 February through 21 July 2009.  The applicant consulted with legal counsel and was advised of the basis for the contemplated separation action and its effects.

5.  On 12 August 2009, the separation authority approved the applicant’s separation action for commission of a serious offense and directed that he receive a general discharge.  On 18 August 2009, the applicant was discharged accordingly.  

6.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant upon his discharge on 18 August 2009 shows he was separated under the provisions of paragraph 14-12c, Army Regulation 635-200, by reason of misconduct (commission of serious offense).  It further shows he held the rank of private/E-2 and he had completed 1 month and 8 days of creditable active military service and accrued 152 days of lost time due to being AWOL.  It further shows that based on the authority and reason for discharge, he was assigned a Separation Program Designator (SPD) code of JKQ and an RE code of 4.  

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave.  Paragraph 14-12c provides for the separation of members for misconduct based on the commission of a serious offense and sub-paragraph (1) states an absentee returned to military control from a status of AWOL or desertion may be separated for commission of a serious offense.  

8.  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 USAR.  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.  RE-4 applies to persons who have a nonwaivable disqualification.  RE-3 applies to persons who have a disqualification that is waivable.  
9.  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 the SPD code of JKQ is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of commission of a serious offense.  The Department of the Army SPD/RE Code Cross Reference Table stipulates that an RE code of 3 is the proper code to assign members who are separated under the provisions of paragraph 14-12c, Army Regulation 
635-200 and are assigned an SPD code of JKQ.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code of 4 should be changed in order to allow him to reenlist has been carefully considered and found to have merit.  

2.  By regulation the appropriate RE code to assign members separated by reason of misconduct, commission of a serious offense who are assigned an SPD code of JKQ is an RE code of 3.  As a result, the applicant's assigned 
RE code of 4 was erroneous and apparently was the result of an administrative error made in the preparation of the DD Form 214.  Therefore, it would be appropriate to amend his DD Form 214 accordingly. 

3.  The applicant is advised that although the RE code of 3 reflects a disqualification there are regulatory provisions that allow him to apply for a waiver to enlist/reenlist.  Therefore, if he would like to reenter military service, he should consult with recruiting officials who are responsible for submitting 
RE code waivers.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 27 of his DD Form 214 by deleting the current entry and adding "3."  




      _______ _   _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)                                         AR20100021630



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ABCMR Record of Proceedings (cont)                                         AR20100021630



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