BOARD DATE:	  19 April 2012

		DOCKET NUMBER:  AR20110021405 


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 that his Reentry (RE) Code be changed from a “3” to a “1”.

2.  The applicant states that he was going through a tough time getting a divorce and dealing with a difficult spouse and he tried to ask for help.  He goes on to state that he has sought an education which he feels would be extremely helpful with the military career he would like to finish.  He further states that he has tried all measures and he enjoys serving in the military and would like the opportunity to reenlist.

3.  The applicant provides four letters of support, a copy of his divorce decree, a copy of his transcripts, copies of his separation documents, and copies of course completions.

CONSIDERATION OF EVIDENCE:

1.  The applicant initially served in the Florida Army National Guard (FLARNG) from June 1995 to 7 January 1997.  On 8 January 1997, he enlisted in the Regular Army for a period of 4 years and assignment to Korea.  He completed a 1-year tour in Korea and was transferred to Fort Hood, Texas.

2.  On 13 October 1998, while serving as signal support systems specialist at Fort Hood, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12b, due to misconduct.  He had served 1 year, 9 months and 7 days of active service this period and his misconduct consisted of adultery, five violations of failure to repair, disobeying a noncommissioned officer, making a false official statement, and three records of nonjudicial punishment being imposed against him.  He was not married at the time of his discharge and was issued a RE Code of “3.”

3.  On 30 March 2001, the applicant again enlisted in the FLARNG with a waiver.  He was ordered to active duty in support of Operations Noble Eagle and Enduring/Iraqi Freedom on 3 February 2003 and served in Kuwait and Iraq from 20030422 – 20040413.  He remained in the FLARNG until he was honorably discharged on 15 October 2007 due to the expiration of his term of service.

4.  On 23 January 2008, he enlisted in the Regular Army in the pay grade of E-4 for a period of 6 years and a $35,000 enlistment bonus.  He was married with two children and was assigned to Fort Stewart, Georgia.

5.  On 1 June 2009, while serving in the pay grade of E-1, the applicant’s commander notified  him that she was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 14-12b, due to a pattern of misconduct.  She cited as the basis for her recommendation that the applicant had failed to go to his place of duty on 10 occasions, had disobeyed a superior noncommissioned officer on three occasions, was involved in domestic disputes on three occasions, failed to be in the proper uniform, drove on post with suspended privileges, failed to respond to counseling, and behaved in a manner that was not becoming a Soldier in the Army.

6.  After consulting with defense counsel the applicant elected to exercise his right to appear before an administrative separation board.  He submitted a statement in his own behalf whereas he stated that he was doing alright until the middle of June 2008 when his spouse started to place more stress on him that affected his daily performance.  He went on to state that on 25 May 2009 she left him and his sons and went back to Florida and since that time he was starting to turn things around.  He accepted responsibility for the past events and requested that he be allowed to remain in the Army.

7.  On 26 August 2009, he appeared before an administrative separation board with his defense counsel.  After hearing testimony from his chain of command and an unsworn statement from the applicant, the board determined that the applicant should be separated from the service and recommended that he be discharged under honorable conditions (General Discharge).

8.  On 27 October 2009, the appropriate authority (a brigadier general) approved the findings and recommendations of the administrative separation board. 
9.  Accordingly, the applicant was discharged under honorable conditions on 12 November 2009, under the provisions of Army Regulation 635-200, paragraph 14-12b, due to a pattern of misconduct.  He had served 1 year, 9 months, and  20 days of active service this period and had 3 years, 4 months and 20 days of prior active service.  He was issued an RE Code of “3” to coincide with his separation program designator (SPD) code of “JKA.”

10.  On 14 April 2010, he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  He asserted at that time that his misconduct was the result of the stress his ex-wife had placed on him at the time and he desired to finish out his military career.  After reviewing all of the available facts and circumstances of his case the ADRB determined that his discharged was both proper and equitable and voted unanimously to deny his request on           19 January 2011.

11.  Army Regulation 601-210 provides the guidance for the issuance of
RE codes upon separation from active duty.  It states these codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure.

	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 persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200.  A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.

12.  The SPD Code/RE Code Cross Reference Table states that when the SPD is code “JKA” then an RE Code of “3” will be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.
 
2.  The applicant was separated under the provisions of Army Regulation        635-200, chapter 14, and given an SPD code of “JKA”; therefore, he was properly assigned an RE code of RE-3.
3.  While the applicant is not precluded from applying for a waiver at his nearest recruiting office, his DD Form 214 issued at the time of his discharge correctly reflects the RE code that was applicable to his discharge at the time.

4.  The applicant’s contentions and supporting documents have been noted; however, they are not sufficiently mitigating to warrant relief given the fact that he had previously been discharged under the same provisions of the regulation when he was not married and was given another chance to prove himself.  His pattern of misconduct during both periods of service warranted the discharge and RE Code he received and there appears to be no basis to grant him the relief he is requesting. 

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)                                         AR20110021405





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ABCMR Record of Proceedings (cont)                                         AR20110021405



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