IN THE CASE OF:	  

		BOARD DATE:	    30 April 2015

		DOCKET NUMBER:  AR20140015608 


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, correction of his discharge order to change his separation and reentry (RE) codes.  

2.  The applicant states he believes his separation and RE codes were acts of injustice.  He contends there was an error that needs to be corrected because of a missing award/decoration.  These errors were the result of an injury he sustained while deployed to Afghanistan and he was separated without being able to sign his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records contain a DD Form 214 that shows he was honorably discharged from the U.S. Air Force by reason of completion of required active service on 30 June 2010 and that he had completed 4 years, 10 months, and 22 days of net active service.  He contends his DD Form 214 is in error and requires correction.  However, the correction of this document, which was issued by the U.S. Air Force, is not within the purview of the Army Board for Correction of Military Records.  Requests for correction of this document should be addressed to the Board for Correction of Air Force Records, SAF/MPBR, 550-C Street W, Suite 40, Randolph Air Force Base, TX 78150-4742.  As such, this portion of his request will not be further discussed in this record of proceedings.

2.  He enlisted in the Arkansas Army National Guard (ARARNG) on 17 August 2012, for a period of 8 years in the rank/grade of private first class (PFC)/E-3.  He enlisted for assignment to Company F, 39th Brigade Support Battalion (2BN), Cabot, AR, to be trained as a 74D (Chemical Operations Specialist).  He was advanced to the rank/grade of specialist (SPC)/E-4 on 15 April 2013.  

3.  Orders 242-803, issued by the ARARNG on 29 August 2012, attached him to Detachment 1, Recruiting and Retention (R&R) Provincial Recruiting Sustainment Detachment, North Little Rock, AR, for the purpose of Recruit Sustainment Program training until completion of initial active duty training.   

4.  A review of his records reveals multiple traffic and complaint tickets and arrest reports from on or about 19 November 2012 through on or about 15 February 2013, for two counts of driving while intoxicated, exceeding posted speed over 20 miles per hour, public intoxication – drinking in public, and disorderly conduct.  
5.  A DD Form 4856 (Developmental Counseling Form) with a date of counseling of 8 August 2013, by his R&R Noncommissioned Officer, gives the purpose of counseling as "Renegotiation Request Statement of Understanding."  This counseling indicates the applicant requested a one and only new ship and training date, because he missed his original ship date due to legal issues.  

6.  An Adjutant General (AG) Arkansas Form 4187-E (Personnel Action – Request for Discharge) was initiated by the R&R Command, North Little Rock, AR, on 16 May 2014, recommending the applicant be discharged from the ARNG and as a Reserve of the Army, by reason of "Conviction by Criminal Court" by authority of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), paragraph 6-35i(2), with a recommended discharge type of "uncharacterized" and a RE code of "3."  This action was signed by his company commander on 29 May 2014 and approved by his battalion commander on       14 July 2014.

7.  Orders 205-848, issued by the ARARNG on 24 July 2014, discharged him from the ARNG and as a Reserve of the Army effective 14 July 2014, by authority of NGR 600-200, paragraph 6-35i(2), with an "uncharacterized" type discharge and an RE Code of "3" by reason of "conviction of a felony in a Federal or state penitentiary."

8.  His record does not include a DD Form 214 from the Army or a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).  

9.  NGR 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the ARNG and the Army National Guard of the United States (ARNGUS) enlisted Soldiers in the functional areas including: personnel management, assignment and transfer, and enlisted separations.  Paragraph 6-35i(2), "Conviction by Criminal Court" states in part if the sole basis for discharge is conviction of a criminal offense, counseling and rehabilitative efforts are not required.  An RE code 3 will be given.  

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, USAR, and ARNG.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

* RE-1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated
* RE-3 applies to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification is waivable

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his discharge order to change his separation code and RE code was carefully considered.  

2.  His record reveals he had multiple traffic and complaint tickets and arrest reports that preceded and resulted in his discharge.  His record does not include a DD Form 214 from the Army or an NGB Form 22; however it does include an order that discharged him with an RE code of "3" and no separation code.  

3.  In accordance with NGR 600-200, he was properly given an RE code that correlates to the type of discharge he received.  In view of the foregoing, there is no basis to change his RE code, and since no separation code is specified, one cannot be considered for change.  

4.  In view of the foregoing, there is no basis for granting the 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 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)                                         AR20130002570



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ABCMR Record of Proceedings (cont)                                         AR20140015608



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