IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110023971
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 amendment of his reentry eligibility (RE) code to "1."
2. The applicant states he would like his RE code changed from "4" to "1" to allow for his reentry into the U.S. military.
3. The applicant provides two character affidavits.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The available records show he enlisted in the Regular Army on 8 November 2005. He completed training and was awarded military occupational specialty 19K (Armor Crewman).
3. On 13 March 2007, the applicant was discharged for misconduct (drug abuse) under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14. Accordingly, he was assigned a separation program designator (SPD) code of "JKK" and an RE code of "4." His character of service was under honorable conditions.
4. The applicant provides two character affidavits.
a. Sergeant First Class (Retired) D____ W____ states he has personally known the applicant for 6 years. Under his leadership, the applicant was a stellar Soldier who was highly looked upon by his peers and subordinates alike. The applicant had a momentary lapse in judgment in a one-time incident that cost him his career. His chain of command would normally have fought to save his career, but as they were preparing to deploy, the higher headquarters chose to release him.
b. Mr. C____ H____ states he has personally known the applicant for 5 years and he was one of the finest Soldiers he had the pleasure of leading while he served an as infantry platoon leader. As he was a young officer, the applicant was one of the mature and technically proficient Soldiers he relied on. The applicant was a 21-year old specialist when he made a mistake that drastically changed his life. His mistake as a young man should not hinder him from continuing to serve his country.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. RE code "4" applies to persons separated from their last period of service with a non-waivable disqualification. This regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
6. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. The SPD code of "JKK" was the appropriate code based on the guidance provided in this regulation for Soldiers separating under the provisions of Army Regulation 635-200, chapter 14, for misconduct (drug abuse). Additionally, the SPD/RE Code Cross Reference Table establishes RE code "4" as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his RE code "4" be changed to allow for his reentry into the U.S. military.
2. The two character affidavits were noted; however, they are not sufficiently mitigating to warrant relief.
3. The RE code "4" establishing his ineligibility for enlistment/reenlistment was correctly entered on his separation document in accordance with governing regulations.
4. There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the RE code "4." While the applicant's desire to serve his country is commendable, there are no provisions authorizing the change of an RE code for this purpose.
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 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) AR20100010153
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ABCMR Record of Proceedings (cont) AR20110023971
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