IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110020541
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 his reentry eligibility (RE) code of 3 be changed 1.
2. The applicant states, in effect, he was discharged due to a personal vendetta while he had a medical issue.
3. The applicant did not provide any documentary evidence to substantiate his request.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 10 January 2008. He completed training and was awarded military occupational specialty
31B (Military Police), and was assigned to Fort Leonard Wood, MO.
2. The applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, for a pattern of misconduct. The specific reasons for the proposed action were his numerous accounts of showing disrespect and disobedience to superiors, multiple occasions of failing to maintain his quarters to military standards and failing to be on time.
3. The applicant acknowledged receipt of the separation notification action. However, all of the separation processing documents are not available.
4. On 15 September 2009, the separation authority approved the applicant's discharge and directed a General, Under Honorable Conditions, discharge. He was discharged on 21 September 2009, and assigned an RE code of "3."
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes 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 will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's 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 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of Armed Forces RE codes including RA RE codes. RE-3 applies to persons separated with a waivable disqualification.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not provide any evidence to support his contention that he was discharged due to a personal vendetta while he had a medical issue.
2. The regulations governing the Board's operation require that the discharge process must be presumed to have been in accordance with applicable law and regulations unless the applicant can provide evidence to overcome that presumption.
3. The ABCMR does not establish eligibility for entry into the Army nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant is advised that if he desires to reenter military service he should contact a local recruiter who can best advise him of the requirements for returning to military service and of the needs of the military at this time. They are also responsible for processing enlistment waivers.
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) AR20110025102
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110020541
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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