IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20100029986
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 a change in his reentry eligibility (RE) code from
"4" to "3."
2. The applicant states he and his brother enlisted together. He was absent without leave (AWOL) after his brother died in Iraq and he was court-martialed for being AWOL. He contends that a change in his RE code would allow him a second chance and he knows he can be a good Soldier. He has been discharged for almost 3 years and he has been unemployed for 1 year.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 August 2004. He was trained and served in military occupational specialty 11B (Infantryman). He was assigned to Headquarters and Headquarters Company, 1st Battalion, 504th Parachute Infantry Regiment, 1st Brigade Combat Team, 82nd Airborne Division.
2. The applicant was awarded or authorized the Army Achievement Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge.
3. A DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), dated 3 August 2005, shows the applicant was reported absent effective 21 June 2005.
4. On 11 August 2005, court-martial charges were imposed against the applicant for violation of Article 85 of the Uniform Code of Military Justice (UCMJ) for absenting himself from his unit on or about 21 June 2005 and remaining so absent in desertion until he was apprehended.
5. The evidence of record shows the applicant was sentenced to reduction to the rank of private/pay grade E-1, confinement for 7 months, and a bad conduct discharge in Special Court-Martial Order Number 21, dated 7 September 2007. This order is not part of the available record.
6. Special Court-Martial Order Number 100, dated 21 August 2008, finally affirmed the sentence to reduction to the rank of private/pay grade E-1, confinement for 7 months, and a bad conduct discharge adjudged on 20 July 2007 as promulgated in Special Court-Martial Order Number 21, dated 7 September 2007. The portion of the sentence extending to confinement had been served and Article 71(c) having been complied with, the bad conduct discharge was ordered executed.
7. On 30 January 2009, the applicant was discharged accordingly. The DD Form 214 he was issued shows he completed 1 year, 10 months, and 28 days of total creditable active military service with 945 days of time lost. He was given a separation program designator (SPD) code of JJD and an RE code of 4.
8. There is no evidence in the applicant's military records and the applicant did not provide any evidence that shows he requested assistance or counseling due to the death of his brother in Iraq.
9. 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. Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. RE code 4 applies to persons who have a nonwaivable disqualification.
10. The SPD Code/RE Code Cross Reference Table states that when the SPD code is JJD then RE code 4 will be given.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for an upgrade of his RE code has been carefully considered. However, there is insufficient evidence to support this request.
2. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice with a punitive discharge and convicted of that offense. He was discharged with a bad conduct discharge. As a result of his bad conduct discharge he was properly assigned RE code 4.
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 justice. Therefore, the Board determined 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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