IN THE CASE OF:

		BOARD DATE:  11 March 2014

		DOCKET NUMBER:  AR20130012616


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 eligibility (RE) code of 3 be changed to a more favorable code so that he may reenter the military.

2.  The applicant states that:

	a.  He believes his RE Code is unjust because he did not receive a rehabilitative transfer as required by Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12b.  He was never given a chance to be rehabilitated.

	b.  He was not informed that he could fight the discharge action while it was happening.  He had no help from his noncommissioned officers.

	c  He had 6 more months to finish his enlistment when he was discharged.  He would love to get the second chance he was deprived of.

3.  The applicant did not provide any supporting documentation.

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 (RA) on 19 June 1997.  He held military occupational specialty 92A (Automated Logistical Specialist).

3.  The applicant's discharge processing documentation is not available for review.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was administratively discharged under honorable conditions on 17 January 2001 under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct.  He had completed 3 years, 6 months, and 
29 days of total active duty service.  He was assigned a separation code of "JKA" and an RE code of "3."

4.  The Army Discharge Review Board changed the character of service on his DD Form 214 to honorable and issued a revised DD Form 214.  

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions (a pattern of misconduct consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.  

6.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes 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 and includes a list of Armed Forces RE codes including RA RE codes. RE-3 applies to persons separated with a waivable disqualification.  

7.  Army Regulation 635-5-1 (SPD Codes) provides the specific 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 Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12b.  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."

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  Paragraph 2-9 states the ABCMR begins consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The specific facts and circumstances surrounding his discharge are not available for review.  However, his DD Form 214 shows he was administratively discharged for misconduct.

2.  The applicant did not provide evidence sufficient to support changing his RE code.  

3.  In the absence to evidence to the contrary, the discharge process must be presumed to have been in accordance with applicable law and regulations.

4.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the RE code of 3.  The applicant’s description of the events and his desire to continue in the service of his country are noted; however, there are no provisions authorizing the change of an RE code for this purpose.

5.  The ABCMR does not establish eligibility for entry into the Army nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter the military, he should contact a local recruiter who can best advise him of the requirements for returning to military service and of the needs of the military at this time.  They are also responsible for processing enlistment waivers.

6.  In view of the foregoing, there is no basis for granting the applicant's request.


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)                                         AR20110025102



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012616



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1