IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009828
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 from a 3 to a 1.
2. The applicant states, in effect, that he made some costly mistakes that caused him to be discharged. He desires to have his RE Code upgraded so that he can carry out his career.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 19 October 2010 for a period of 3 years and 26 weeks and training as a petroleum supply specialist. After completing training he was transferred to Fort Riley, Kansas for his first and only assignment.
2. On 12 December 2011, nonjudicial punishment (NJP) was imposed against him for violating the Commanding Generals (CGs) Barracks visitation policy and being drunk on duty.
3. On 24 January 2012, NJP was imposed against him for breaking restriction.
4. On 2 April 2012, the applicants commander notified the applicant that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 14-12b, due to a pattern of misconduct. He cited as the basis for his recommendation the applicants repeated failure to go to his place of duty, failure to maintain his room to military standards, being drunk on duty, breaking restriction, and violating the CGs barracks visitation policy.
5. After consulting with defense counsel, the applicant elected to submit a statement in his own behalf whereas he admitted that he had made mistakes and requested that the commander give him another chance to prove that he could Soldier. He requested that he be retained on active duty.
6. The appropriate authority approved the recommendation for discharge on 13 April 2012. He denied the applicants request to be retained and directed that he be discharged under honorable conditions.
7. Accordingly, he was discharged under honorable conditions on 8 May 2012. He had served 1 year, 6 months, and 20 days of active service and was issued a RE Code of 3.
8. 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.
9. Army Regulation 635-5-1 provides that a separation code of JKA will be assigned to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, paragraph 14-12b, due to misconduct. An RE code of 3 is assigned when a separation code of "JKA" is used.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights. He 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.
2. 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.
3. 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) AR20140009828
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ABCMR Record of Proceedings (cont) AR20140009828
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