IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120005009
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 eligibility (RE) code be changed.
2. The applicant states he would like to reenter the military, but he needs his RE code changed to allow reentry.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicants record shows, on 8 September 2009, he enlisted in the Regular Army in pay grade E-2. He was trained in and awarded military occupational specialty (MOS) 25L (Cable Systems Maintenance).
2. On 10 September 2010, the applicant's unit commander notified the applicant he was initiating action to separate him under the provisions of paragraph
14-12b, Army Regulation 635-200 (Personnel Separations), due to a pattern of misconduct. The applicant was also notified that this action was based on the applicants malingering on divers occasions and the opinion of behavioral health professionals who believed the applicant would continue to malinger.
3. On 15 September 2010, the separation authority approved the applicants separation action under the provision of paragraph 14-12b, Army Regulation
635-200, by reason of misconduct, and directed the applicant receive a general discharge. He was also assigned an RE code of "4." On 7 October 2010, the applicant was discharged accordingly.
4. The DD Form 214 issued to the applicant upon his discharge shows he completed 1 year and 1 month of active military service. Item 25 (Separation Authority) contains the entry AR 635-200 Para 14-12b. Item 26 (Separation Code) contains the Separation Program Designator (SPD) code of JKA and item 27 (Reentry Code) contains the RE code of "4.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA 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, including RA RE codes. RE-3 applies to persons who have a waivable disqualification. Chapter 4 states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers.
6. Army Regulation 635-5-1 (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. Both the version of the regulation in effect at the time and the current version of the regulation provide for assigning the SPD code of "JKA" to Soldiers separated under the provisions of paragraph 14-12b, Army Regulation 635-200 by reason of misconduct, pattern of misconduct. The Department of the Army SPD/RE Code Cross Reference Table stipulates that an RE code of "3" is the proper code to assign members who are separated under the provisions of Army Regulation 635-200, for misconduct, pattern of misconduct, and who are assigned an SPD code of "JKA."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his RE code of "4" be changed so that he may be eligible to reenter the military has been carefully considered and found to have merit. Although there is insufficient evidence to support a change of the applicants RE code to 1 which would make him fully eligible for reenlistment, there was an error that resulted in the applicant being assigned an RE code "4" instead of an RE code of "3" which was authorized by the governing regulation in effect at the time.
2. By regulation, members separated under the provisions of paragraph 14-12b, Army regulation 635-200, by reason of misconduct, pattern of misconduct, are assigned the SPD code of "JKA" and a corresponding RE code of "3." In this case, the applicant was erroneously assigned an RE code of "4" at the direction of the separation authority. Therefore, it would be appropriate to correct the applicants DD Form 214 to show he was assigned the RE code of "3" based on his authority and reason for his discharge.
3. The applicant is advised that an RE code of "3" indicates he has a waviable disqualification. Therefore, if he desires to reenlist he should contact local recruiting officials who are responsible for processing RE code waivers.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show he was assigned an RE code of "3."
_______ _ _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) AR20120005009
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ABCMR Record of Proceedings (cont) AR20120005009
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