IN THE CASE OF:	  

		BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130003070 


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 a change of his reentry eligibility (RE) code from RE-3 to RE-1.

2.  The applicant states he would like to reenter the military.  He was, in essence, discharged for a pattern of tardiness due in part to a personality conflict he had with a senior noncommissioned officer (NCO).  He has since corrected his behavior. 

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a self-authored statement.

CONSIDERATION OF EVIDENCE:

1.  On 30 January 2008, the applicant enlisted in the Regular Army (RA).  He completed training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).  The highest rank he held was specialist/pay grade E-4.

2.  His record shows he was given developmental counseling on numerous occasions between April 2010 and May 2011 for infractions involving failing to be at his appointed place of duty at the time prescribed, showing disrespect toward an NCO, not meeting the Army Physical Fitness Test standards, failure to follow a direct order, lying to an NCO, unsatisfactory duty performance, and sleeping on duty. 

3.  On 14 July 2010, he accepted nonjudicial punishment (NJP) for failing to go at the time prescribed to his appointed place of duty.

4.  On 3 May 2011, he accepted NJP for failing to go at the time prescribed to his appointed place of duty and for failing to obey a lawful order.

5.  In an undated memorandum the applicant's company commander notified him that he was initiating action to separate him in accordance with paragraph 
14-12b, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), due to a pattern of misconduct.  The specific reasons are cited as the applicant failed to go to his appointed place of duty at the time prescribed on more than one occasion, he lied to an NCO by stating that he had valid insurance on his privately owned vehicle, and he disobeyed a lawful order by driving his privately owned vehicle when his driving privileges were suspended or not reinstated.  

6.  On 16 June 2011, the applicant acknowledged receipt of the memorandum of notification and that he had been advised of his right to consult with counsel prior to making any election of rights.

7.  On 24 June 2011, he acknowledged he had been advised by his consulting counsel of the basis for the contemplated action to separate him under the provisions of Army Regulation 635-200, paragraph 14-12b, and its effects, the rights available to him, and the effect of a waiver of those rights.

8.  On 30 June 2011, after careful consideration of all matters, the proper separation authority approved the separation action under the provisions of Army Regulation 635-200, paragraph 14-12b, with a general discharge.

9.  On 21 July 2011, he was discharged accordingly.  The DD Form 214 he was issued at the time shows in:

* item 25 (Separation Authority) the entry "AR 635-200, PARA 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"

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 14-12b states Soldiers are subject to discharge based on a pattern of misconduct consisting of one of the following:

* discreditable involvement with civil or military authorities
* discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army regulations, the civil law, and time-honored customs and traditions of the Army

11.  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 states 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 code of 3 will be assigned to members separated under these provisions with an SPD code of JKA.

12.  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.  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.  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.  His contentions are noted.  However, his record shows he was counseled on numerous occasions for infractions including failing to be at his appointed place of duty at the time prescribed, being disrespectful toward an NCO, not meeting Army Physical Fitness Test standards, failure to follow a direct order, lying to an NCO, unsatisfactory performance, and sleeping on duty.  He also accepted NJP on two occasions for failing to his appointed place of duty at the time prescribed and for failing to obey a lawful order.  The evidence shows he was properly processed for separation.  As such, there is no evidence of an error in his narrative reason for separation or his assigned RE code.

2.  He was involuntarily separated under the provisions of Army Regulation
635-200, paragraph 14-12b and his assigned RE code of "3" was and still is appropriate.  He is disqualified from reentering the military, but the disqualification is waivable.
3.  While his desire to reenter the military is commendable, this is not a basis for changing his properly-assigned RE code.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  

4.  In view of the foregoing, there is no basis for granting his 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.

ABCMR Record of Proceedings (cont)                                         AR20130003070



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ABCMR Record of Proceedings (cont)                                         AR20130003070



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