BOARD DATE:  18 February 2014

		DOCKET NUMBER:  AR20130011206


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 correction of his reentry eligibility (RE) code.

2.  The applicant states at the time of his separation he was and still is fit for duty.

3.  The applicant provides no additional 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 enlisted in the Regular Army on 30 June 2004.  He completed his initial entry training and was awarded military occupational specialty 19D (Cavalry Scout).

3.  His records show he served in the Republic of Korea from 15 November 2004 through 12 November 2005 and he deployed to Iraq from 23 September 2006 through 23 March 2007.  His records further show he was awarded or authorized the Army Achievement Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, and Combat Action Badge.  

4.  The specific facts and circumstances surrounding his discharge are not available for review with this case.  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 24 July 2009 in the rank/grade of private/E-1 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 3.  His DD Form 214 further shows:

* item 12c (Net Active Service This Period) – he completed 4 years, 8 months, and 1 day of net active service
* item 12f (Foreign Service) – he completed 1 year, 5 months, and 29 days of foreign service
* item 24 (Character of Service) – "BAD CONDUCT"
* item 26 (Separation Code) –separation program designator (SPD) code "JJD"
* item 27 (Reentry Code) – RE code "4"
* item 28 (Narrative Reason for Separation) – "COURT-MARTIAL, OTHER"
* item 29 (Dates of Time Lost During This Period) – he had lost time under Title 10, U.S. Code, section 972, from 18 April 2007 through 11 September 2007

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3 provides that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial.  The appellate review must be completed and the affirmed sentence ordered duly executed.  This regulation further provides that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records and/or the reason for their discharge.

6.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, U.S. Army Reserve, and Army National Guard and includes a list of 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.

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

7.  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 that SPD code JJD is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 3, by reason of court-martial.  The SPD/RE Code Cross Reference Table confirms that RE-4 is the applicable code to assign to members separated under this provision of the regulation who are assigned an SPD code of JJD.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his RE code was carefully considered.

2.  He contends he was and still is fit for duty; however, his physical fitness for duty is irrelevant to his request for relief.

3.  His DD Form 214 shows he received a bad conduct discharge which was based on a court-martial action.  Absent evidence to the contrary, it is presumed that his discharge proceedings were properly conducted and the bad conduct discharge portion of his sentence was only executed after completion of the appellate process.

4.  By regulation, RE-4 is the proper code to assign to members separated under the provisions of Army Regulation 635-200, chapter 3, by reason of court-martial with a separation code of "JDD."  Therefore, given that the authority and reason for his discharge were proper and equitable, the RE-4 assignment was and remains valid.

5.  In view of the foregoing, there is no 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 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)                                         AR20100011935



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ABCMR Record of Proceedings (cont)                                         AR20130011206



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