IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110004188 


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 reconsideration of an earlier request to change his reentry (RE) code to "1."

2.  The applicant states:

* The "statements" used for the RE code are contrary to his personal character
* He worked hard during his enlistment to uphold all rules and obey his superiors
* He displayed respect for his fellow Soldiers
* He was an excellent Soldier
* He received the Army Commendation Medal, Army Service Ribbon, Parachutist Badge, and two awards of the Army Achievement Medal
* He was Soldier of the Month, Food Service "Personnel" of the Quarter, and he was recommended by his superiors and peers for the E-5 board at both of his duty stations
* He served in Operation Enduring Freedom in Iraq 

3.  The applicant provides no documentary evidence.






CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100018603, on 27 January 2011.

2.  His contentions are new arguments that will be considered by the Board.

3.  He enlisted in the Regular Army (RA) on 30 June 1998 for a period of 4 years.  He served as a cook and he was honorably released from active duty on 29 June 2001.  

4.  He enlisted in the RA on 24 May 2005 for a period of 3 years.  

5.  On 24 February 2006, nonjudicial punishment (NJP) was imposed against him for making a false statement.

6.  Between 25 July 2006 and 12 February 2007, he was counseled on five occasions for:

* failing to be at his appointed place of duty
* being disrespectful towards a noncommissioned officer
* disobeying a direct order
* being disrespectful towards a superior commissioned officer
* insubordination
* failing to obey an order or regulation
* disobeying a lawful order
 
7.  On 10 February 2007, NJP was imposed against him for disobeying a lawful order.

8.  On 21 March 2007, discharge proceedings were initiated under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, paragraph 
14-12b, for misconduct (pattern of misconduct).  

9.  He consulted with counsel on 29 March 2007 and acknowledged that he might encounter substantial prejudice in civilian life if a general discharge was issued to him.  He elected not to submit a statement on his own behalf.  

10.  On 29 March 2007, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge.

11.  He was discharged under honorable conditions (a general discharge) on 
4 May 2007 under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct (pattern of misconduct).  He had served a total of 1 year, 
10 months, and 26 days of creditable active service with 15 days of lost time.  

12.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he received the Army Commendation Medal, Army Achievement Medal (2nd Award), Humanitarian Service Medal (2nd Award), Basic Marksmanship Qualification Badge, and Parachutist Badge 
* Item 25 (Separation Authority) the entry "AR [Army Regulation] 635-200, PARA [paragraph] 14-12B"  
* Item 26 (Separation Code) the entry "JKA"
* Item 27 (Reentry Code) the entry "3"  
* Item 28 (Narrative Reason for Separation) the entry "PATTERN OF MISCONDUCT”
* Item 30 (Remarks) the entry "SERVICE IN IRAQ 20061023-20070304"

13.  Army Regulation 635-5-1 (Separation Program Designator Codes (SPD)) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD code to be used for these stated reasons.  The regulation states the reason for a discharge based on an SPD code of “JKA” is “Misconduct” and the regulatory authority is Army Regulation 635-200, paragraph 14-12b.

14.  Pertinent Army regulations provide 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 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. 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:

* RE-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
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated

15.  The SPD Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that when the SPD code is "JKA" an RE code of 3 will be assigned.  
DISCUSSION AND CONCLUSIONS:

1.  He contends he was an excellent Soldier.  However, during his last enlistment he was counseled on five occasions for various infractions, he received two NJPs, and he had 15 days of lost time. 

2.  His awards and decorations, his service in Iraq, and his prior honorable separation were carefully considered.  However, the RE code used in the applicant's case is correct and was applied in accordance with the applicable regulations.  Therefore, there is no basis for granting the applicant's request to change his RE code.

3.  The applicant's current RE code is a waivable code.  Therefore, the applicant may still apply for service in the Armed Forces and request the appropriate waiver.

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 to amend the decision of the ABCMR set forth in Docket Number AR20100018603, dated 27 January 2011.




      _____________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)                                         AR20110004188



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ABCMR Record of Proceedings (cont)                                         AR20110004188



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