IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100027507
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a more favorable reentry (RE) code.
2. The applicant states he received an under honorable conditions discharge and his current RE code is preventing him from rejoining to serve his country.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard (ARNG) on 25 February 2005 and was called to active duty on 5 February 2007.
2. The applicants record is void of a separation packet containing the specific facts and circumstances surrounding his separation processing. The record contains a DD Form 214 showing he was discharged on 28 March 2008 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, for misconduct (serious offense), under honorable conditions (general discharge).
3. His DD Form 214 shows he completed 1 year, 1 month, and 24 days of creditable active military service.
4. Item 26 (Separation Code) shows "JKQ" and Item 27 (Reentry Code) shows "3."
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. 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. 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.
c. Prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) establishes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and the Army National Guard. Table 3-1 includes a list of the U.S. 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 time of separation, but disqualification is waivable. They are Ineligible for enlistment 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 "JKQ."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show a more favorable RE code.
2. Although his separation packet was not available for review, it is presumed that the Army's administrative processing of his discharge was correct and his rights were protected throughout the separation process.
3. The evidence of record shows he was discharged 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 "JKQ" due to misconduct.
4. 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) AR20100027507
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ABCMR Record of Proceedings (cont) AR20100027507
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