IN THE CASE OF:	  

		BOARD DATE:	  1 May 2012

		DOCKET NUMBER:  AR20110021914 


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 change of his reentry eligibility (RE) code of "4" to "3."

2.  The applicant states that when he returned from deployment to Iraq in 2005, he had a very hard time adjusting.  He doesn't offer this as an excuse for going absent without leave (AWOL); however, he states at the time he wasn't thinking clearly and it seemed to him his only option.

	a.  He adds that he completed the punishment for his offense by serving
12 months in the correctional facility at Fort Sill, Oklahoma.

	b.  After being discharged from the Army, he enrolled in college.  He completed his first year with a 4.0 grade point average.

	c.  He very much wants to serve his country.  He has talked to recruiters and has been told that the only way he would be eligible to reenter the Army is to have an RE code of "3" or better.

3.  The applicant provides a copy of his discharge document and six letters in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 October 2003 for a period of 6 years.  He was awarded military occupational specialty 88M (Motor Transport Operator).
2.  He served in Iraq from 4 January to 12 December 2005.

3.  In December 2009, the applicant was convicted at a special court-martial under:

* Article 85, Uniform Code of Military Justice (UCMJ), of absenting himself from his unit without authority from 3 August to 30 September 2009
* Article 86, UCMJ, absenting himself from his unit from 26 March 2006 to
6 April 2009

	a.  On 22 December 2009, he was sentenced to be reduced to the grade of E-1, to forfeit all pay and allowances, to be confined for 15 months, and to be separated with a bad conduct discharge.

	b.  On 13 May 2010, the convening authority approved the sentence and, except for the portion providing for a bad conduct discharge, ordered it executed. (The applicant was credited with 82 days of confinement against the sentence.)

4.  On 24 November 2010, the provisions of Article 71(c) having been complied with, the applicant's court-martial sentence was affirmed and the bad conduct discharge was ordered executed.

5.  The applicant's DD Form 214 (Certificate of Release for Discharge from Active Duty) shows he was separated with a bad conduct discharge on
18 February 2011 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3, as a result of court-martial (other).

   a.  He completed 3 years, 5 months, and 3 days of net active service.

	b.  It shows in:

* item 26 (Separation Code):  "JJD"
* item 27 (Reentry Code):  "4"

6.  In support of his request the applicant provides the following letters from:

	a.  First Lieutenant Kristen N. A---, S1/Adjutant Public Affairs, 189th Combat Sustainment Support Battalion, dated 3 October 2011.  She describes the applicant's positive personal attributes, including his strength of character, moral courage, calm under pressure, and sound decision-making abilities.  She states she "would love to have (the applicant) as a member of (her) unit."

	b.  Sergeant Louis T. S----, Operations Noncommissioned Officer, Headquarters and Headquarters Company, U.S. Army Training Center and Fort Jackson, South Carolina, dated 9 May 2011.  He describes the applicant's positive personal attributes, including his high level of motivation, dependability, professionalism, and trustworthiness.  He states he has known the applicant for 13 months and supports him in his endeavor to reenter the Army.

	c.  Mr. Frederick R. A----, U.S. Army Special Forces, Kirkuk Iraq, dated
12 September 2011.  He states he is aware of the circumstances involving the applicant's AWOL and resulting punishments.  He adds that during the past decade of his service, he has "never seen someone of this man's worth so harshly wronged."  He also states the applicant has taken positive steps to improve himself since his discharge.  He adds he has known the applicant since they were teenagers and looks forward to working with him in the future.

	d.  Specialist Ryan D----, 15th Transportation Company, Fort Sill, Oklahoma, undated.  He describes the applicant's positive personal attributes, including his strong work ethic, helpfulness, and honesty.

	e.  Mr. Johnny D. R----, dated 1 October 2011, who states he has known the applicant for about 6 years.  He hired the applicant to work for him when he was a showroom manager.  After about 1 year, he hired the applicant to work for him when he started his own lighting company.  The applicant earned his trust and confidence and was given expanded duties.  In Mr. R----'s absence, the applicant managed the company for a period of 10 days.  He adds that he fully trusts the applicant with his family as well as his business.

	f.  Ms. JoAnna L. M----, undated, who states she has known the applicant for several years.  She describes the applicant's positive personal attributes, including his honesty, high moral and ethical standards, spirituality, and the example he sets for others. 

7.  Army Regulation 635-200 provides 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.

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  

	a.  It shows that SPD code JJD is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 3, by reason of court-martial (other).
	b.  The SPD/RE Code Cross Reference Table stipulates that RE code 4 will be assigned to members who are separated with an SPD code of JJD and a bad conduct discharge.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 includes a list of RE codes:

	a.  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.

	b.  RE-4 applies to Soldiers separated from the last period of service with a non-waivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code of "4" should be changed to at least a "3" because he would like to reenter military service.

2.  The evidence of record shows the applicant's separation under the provisions of Army Regulation 635-200, chapter 3, based on court-martial (other) was administratively correct and in compliance with applicable regulations in effect at the time with no indication of procedural errors which would have jeopardized his rights.

3.  Records show that RE code "4" establishing the applicant's ineligibility for enlistment/reenlistment was correctly entered on his DD Form 214 in accordance with governing Army regulations.  Therefore, the reentry code that is shown on the applicant's DD Form 214 is appropriate and correct.

4.  The applicant's comments and letters of support he provides were carefully considered.  The documents clearly convey the applicant's strong work ethic and positive measures he has taken since his discharge from the Army.  However, good post-service conduct alone is an insufficient basis for changing a properly assigned RE code.

5.  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)                                         AR20110021914



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ABCMR Record of Proceedings (cont)                                         AR20110021914



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