BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140006185
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, in effect, that his Reentry (RE) Code be changed to a 1.
2. The applicant states he desires to have his RE Code changed so he can try and serve his country again and obtain an honorable discharge. He understands his actions and is very sorry for them and desires to rejoin a service so that he can become a productive citizen.
3. The applicant provides a copy of his separation packet and DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 31 January 2011 for a period of 3 years and 25 weeks and training as a quartermaster and chemical equipment repairer. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training at Fort Lee, Virginia and was transferred to Korea for his first assignment.
2. He completed that assignment and was transferred to Fort Carson, Colorado on 23 October 2012.
3. On 25 February 2014, the applicants commander notified the applicant that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct commission of a serious offense. He cited two incidents of being disrespectful in language towards superior noncommissioned officers as the basis for his recommendation.
4. The complete facts and circumstances surrounding his administrative discharge are not present in the available records. However, his DD Form 214 shows that on 19 March 2014 he was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct commission of a serious offense. He had served 3 years, 1 month and 19 days of active service and was issued a separation code of JKQ and RE Code of 3.
5. There is no evidence to show that he has applied to the Army Discharge Review Board for an upgrade of his discharge.
6. Pertinent Army regulations provide 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 processing into the Regular Army, U.S. Army Reserve, and the Army National Guard. Chapter 3 prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces 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. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.
7. Army Regulation 635-5-1 provides that a separation code of JKQ will be assigned to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, due to misconduct. An RE code of 3 is assigned when a separation code of "JKQ" is used.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it must be presumed that the applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. The applicant was separated under the provisions of Army Regulation 635-200, chapter 14; therefore, he was properly assigned an RE code of RE-3 in accordance with the applicable regulations.
3. The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification. Therefore, if he desires to reenter military service he should contact a local recruiter who can best advise him on his eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and may process RE code waivers.
4. 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.
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) AR20140006185
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