IN THE CASE OF:	  

		BOARD DATE:  6 November 2012

		DOCKET NUMBER:  AR20120007995 


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 (RE) code be changed. 

2.  The applicant states:

* He wants his RE code changed so he can reenlist
* Although the record is not in error, he believes it to be unjust because it permanently bars him from service
* He is human and he makes mistakes
* He was discharged for his lack of commitment to wake up for morning physical training (PT) and nothing else
* Any and all disciplinary actions were because he was young and stupid
* He was discharged on 13 November 2008 and it was the worst day of his life
* He cannot find a job and he is in debt
* He loved being a Soldier
* He volunteered for his first and only tour in Iraq
* He wants to prove to his old company he wasn't a slacker
* He wants his family to be proud of him again

3.  The applicant provides no documentary evidence.





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 applicant was born on 12 March 1983.  After having had prior service, he enlisted in the Regular Army on 25 April 2005 for a period of 4 years.  He completed his training and was awarded military occupational specialty 92L (petroleum lab specialist).

3.  On 8 June 2005, nonjudicial punishment (NJP) was imposed against the applicant for attempting to commit larceny (stealing developed pictures).

4.  On 3 March 2006, NJP was imposed against the applicant for failing to go at the time prescribed to his appointed place of duty (two specifications).

5.  On 24 June 2008, NJP was imposed against the applicant for failing to go at the time prescribed to his appointed place of duty.

6.  On 22 October 2008, discharge proceedings were initiated under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, paragraph 14-12b, for misconduct (pattern of misconduct).  The unit commander based his recommendation for separation on the applicant's multiple failures to report and to follow and obey orders or regulations.

7.  On 22 October 2008, the applicant consulted with counsel, waived his rights, acknowledged that he might encounter substantial prejudice in civilian life if a general discharge were issued, and elected not to submit a statement on his own behalf.  

8.  On 2 November 2008, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge.


9.  On 13 November 2008, he was discharged under honorable conditions 
(a general discharge) under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct (pattern of misconduct).  He had served 3 years, 6 months, and 19 days of creditable active service during the period under review.  

10.  His DD Form 214 shows in:

* Item 25 (Separation Authority) the entry "AR [Army Regulation] 635-200, PARA [paragraph] 14-12B"  
* Item 26 (Separation Code) the entry "JKA"
* Item 27 (Reentry Code) the entry "3"  
* Item 28 (Narrative Reason for Separation) the entry "PATTERN OF MISCONDUCT”

11.  Army Regulation 635-5-1 (Separation Program Designator Codes (SPD)) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD code to be used for these stated reasons.  The regulation states the reason for discharge based on SPD code "JKA" is "Pattern of Misconduct" and the regulatory authority is Army Regulation 635-200, paragraph 14-12b.

12.  Pertinent Army regulations provide 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.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army 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:

* RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated

13.  The SPD Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that when the SPD code is "JKA" an RE code of 3 will be given.  





DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was young and stupid.  However, age is not a sufficiently mitigating factor.  He was 22 years of age when he enlisted and successfully completed training.  There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military terms of service.

2.  The RE code used in the applicant's case is correct and was applied in accordance with the applicable regulations.  Therefore, there is no basis for granting the applicant's request to change his RE code.

3.  His current RE code is a waivable code.  Therefore, the applicant may still apply for service in the Armed Forces and request the appropriate waiver.

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)                                         AR20120007995



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007995



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1