IN THE CASE OF:	  

		BOARD DATE:  8 November 2012

		DOCKET NUMBER:  AR20120009034 


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 from RE-3 to RE-1.  

2.  The applicant states the Army Discharge Review Board (ADRB) upgraded his discharge for which he is grateful. However, after talking to Army recruiters he has discovered his RE-3 code is hindering him from reenlisting.  He states he is only 27 years old and loves his country and would like to keep serving.  

3.  The applicant provides the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued as a result of the ADRB decision in 2011 in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows after completing 1 year, 5 months, and 26 days of prior active duty service, he enlisted in the Regular Army on 11 September 2009, and began the period of enlistment/service under review.  He was trained in and awarded military occupational specialty (MOS) 13B (Cannon Crewmember), and specialist (SPC)/E-4 was the highest rank he attained and held while serving on active duty during this period.  The record shows he was reduced to private first class (PFC)/E-3 for cause on 15 October 2005.  

2.  The applicant’s disciplinary history during this enlistment includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on two separate occasions between 9 March and 11 July 2005.   
3.  On 16 October 2009, the applicant was separated with a general, under honorable conditions discharge (GD).  The DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was separated under the provisions of paragraph 14-12b, Army Regulation 635-200 (Personnel Separations), by reason of misconduct (pattern of misconduct).  It also shows that based on the authority and reason for separation, he was assigned a Separation Program Designator (SPD) code of JKA and RE code of 3.  

4.  On 6 April 2011, the ADRB determined the applicant’s discharge was improper based on the applicant’s request to have his case considered by a board of officers not being honored.  Based on this procedural error, the ADRB voted to upgrade the applicant’s characterization of service to honorable and to change the narrative reason for separation to Secretarial Authority.  The DD Form 214 issued as a result of the ADRB’s decision shows the authority for separation was paragraph 5-3, Army Regulation 635-200, by reason of Secretarial Authority.  The ADRB elected not to change the RE-3 code originally assigned the applicant.  

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 (USAR).  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.  An RE code of "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.  It provides for assigning the SPD code JFF to Soldiers separated under the provisions of paragraph 5-3, Army Regulation 635-200 by reason of Secretarial Authority.  The Headquarters, Department of the Army SPD/RE Code Cross Reference Table stipulates that the RE code to assign members separated with the SPD code of JFF is to be determined by the Headquarters, Department of the Army (HQDA) directive authorizing the separation program, or specific separation.   



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change his RE code in order to allow his reenlistment has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The evidence of record confirms the separation directive issued by the ADRB determined there would be no change to the RE code. 

3.  The record confirms his separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  By regulation, the HQDA directive authorizing the separation program, or specific separation will provide the RE code assignment.  In this case, the ADRB elected not to change the RE-3 code originally assigned the applicant at discharge in the directive it issued authorizing the change in  separation authority and character of service for the applicant’s discharge.   As a result, RE-3 is the proper code based on the authority and reason for separation directed by the ADRB.  Absent a directive from the ADRB to change the RE code, there is an insufficient evidentiary basis to support granting the requested relief.  As a result, the RE code of "3" was and remains valid.  

5.  The applicant is advised that an RE code of "3" indicates 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 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)                                         AR20120009034



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ABCMR Record of Proceedings (cont)                                         AR20120009034



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