IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022009
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 from a "3" to either a "2" to a "1."
2. The applicant states his RE code should be changed from a "3" to either a "2" or a "1" because it was a misunderstanding.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 21 October 2009 for a period of 4 years and training as a cargo specialist. He completed his basic training at Fort Knox, KY and his advanced individual training at Fort Eustis, VA. He was assigned to Fort Eustis for his first and only assignment.
2. On 26 July 2012, the applicant's commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 14-12b due to a pattern of misconduct. He cites as the basis for his recommendation that the applicant had been disrespectful towards the brigade commander, was taken into custody for disorderly conduct and possibly assault on his platoon leader, and for failing to go at the time prescribed to his place of duty on seven occasions.
3. The appropriate separation authority subsequently approved the applicant's recommendation for separation under the provisions of Army Regulation
635-200, paragraph 14-12b and directed the applicant be discharged with a general discharge.
4. On 7 September 2012, he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b, due to a pattern of misconduct with a general discharge. He competed 2 years, 10 months, and 17 days of creditable active service. The DD Form 214 he was issued at the time shows in:
* item 25 (Separation Authority) the entry "Army Regulation 635-200, paragraph 14-12b"
* item 26 (Separation Code) the entry "JKA"
* item 27 (RE Code) the entry "3"
* item 28 (Narrative Reason for Separation) the entry "Pattern of Misconduct"
5. 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. It states that the SPD code JKA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of pattern of misconduct. The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JKA.
6. Army Regulation 635-200 further states 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 (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). Table 3-1 included a list of the RA RE codes:
a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met.
b. Prior to 28 February 1995, RE-2 applied to Soldiers who were separated for the convenience of the Government in accordance with Army Regulation
635-200, chapters 5 and reenlistment was not contemplated. They were fully qualified for enlistment/reenlistment if all other criteria were met. However, on
28 February 1995 Army Regulation 601-210 was revised discontinuing the use of RE-2.
c. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant's rights.
2. The applicant was separated under the provisions of Army Regulation
635-200, paragraph 14-12b; therefore, he was properly assigned the SPD code of JKA and corresponding RE code of "3" in accordance with the applicable regulations.
3. The applicant has failed to show through the evidence submitted or the evidence of record that he was assigned the wrong RE code at the time of his separation or that there is an error or injustice in his case.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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.
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