IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015433
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 that his reentry eligibility (RE) code be changed from RE-3 to RE-1.
2. The applicant states:
* He would like for his RE code to be changed so that he may become eligible to reenlist and fulfill his duty and obligation
* He believes his record to be unjust because the reason for his misconduct was due to his father having surgery and needing some time to assist him with his recovery
* He desires to have his RE code change for a future opportunity to reenlist which is his ultimate goal in life
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army for 4 years on 29 June 2010. He completed training as a cavalry scout.
2. The applicant went absent without leave (AWOL) on 23 November 2010. He remained absent in desertion until he was apprehended by civil authorities and returned to military control on 9 March 2011.
3. On 18 April 2011, the applicant accepted nonjudicial punishment (NJP) for being AWOL from 23 November 2010 until 9 March 2011.
4. On 3 May 2011, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14-12c, for misconduct commission of a serious offense. He acknowledged receipt of the notification on 4 May 2011. After consulting with counsel, he waived his rights and he elected not to submit a statement in his own behalf.
5. The appropriate authority approved the recommendation for discharge on 12 May 2011 and directed the issuance of a General Discharge Certificate.
6. On 31 May 2011, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14-12c, for misconduct commission of a series offense. He completed 7 months and 16 days of net active service this period.
7. Item 26 (Separation Code) on his DD Form 214 shows he received a "JKD" (Misconduct) SPD (Separation Program Designator). Item 27 (Reentry Code) shows he received an RE code "3."
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) 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. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE-3 applies to persons who have a waivable disqualification.
9. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons.
10. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Regular Army Soldiers and Reserve Component Soldiers separated for cause. The SPD code of "JKD" has a corresponding
RE code of "3."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. There is no error or injustice in the RE code he received. His records show that he was discharged from the Army for misconduct. He was assigned an SPD code of "JKD" which coincides with his reason for discharge. He was assigned an RE code "3" which coincides with his SPD code.
3. The applicable regulation shows the SPD code of "JKD" is assigned when the reason for discharge is misconduct. Although the applicant desires to reenter the military it is insufficient justification for granting the relief requested.
4. An RE code of "3" applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of the disqualification. Therefore, if he desires to reenlist, he should continue to contact his local recruiter to determine his eligibility. Recruiting personnel can best advise a former service member as to the needs of the Army at the time and are required to process waivers of RE codes.
5. In view of the foregoing, her request should be denied.
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) AR20130015433
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ABCMR Record of Proceedings (cont) AR20130015433
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