IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100024896
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, his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show a more favorable reentry (RE) code.
2. The applicant states he "was wrongfully accused of a matter for which he did not commit."
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 3 March 2009. The highest rank/grade he attained during his enlistment was private/pay grade E-1.
2. The applicants record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing. The record contains a DD Form 214 showing he was discharged on 27 May 2009 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12b, with an uncharacterized discharge.
3. His DD Form 214 shows at the time of his discharge he had completed
2 months and 25 days of creditable active military service and he had accrued 18 days of lost time due to being AWOL.
4. Item 26 (Separation Code) shows "JKA" and Item 27 (Reentry Code) shows "3."
5. 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. A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldiers overall record. Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of the regulation.
6. Army Regulation 635-200 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 (Regular Army and Army Reserve Enlistment Program) establishes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Table 3-6 includes a list of the Regular Army RE codes:
a. 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.
b. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waiverable. They are ineligible unless a waiver is granted.
7. The Separation Program Designator (SPD) Code/RE Code Cross-Reference Table, dated October 2000, shows an RE code of "3" is the appropriate code to assign for the SPD code of "JKA."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DD Form 214 be corrected to show a more favorable RE code.
2. Although the applicant's separation packet was not available, it is presumed that the Army's administrative processing of the applicant for discharge was correct.
3. The evidence of record shows the applicant was separated under the provisions of Army Regulation 635-200 due to misconduct. An RE code
of 3 is the appropriate code to assign individuals who are assigned an SPD code of "JKA" due to misconduct.
4. In view of the above, his request should be denied.
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) AR20100024896
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ABCMR Record of Proceedings (cont) AR20100024896
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