BOARD DATE:	  25 June 2015

		DOCKET NUMBER:  AR20140018407 


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 that he desires to rejoin the Army and his fellow Soldiers and desires to have his RE code upgraded.  He also states that his misconduct was the result of going through a divorce and the marital problems he was experiencing at the time. 

3.  The applicant provides a one-page letter explaining his application and a copy of the court order associated with his misconduct.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 February 2009 for a period of 3 years and 25 weeks and training as an M1 Abrams Tank System Maintainer.  He completed his one-station unit training at Fort Knox, Kentucky and was transferred to Fort Riley, Kansas for his first and only duty assignment.  He was advanced to the pay grade of E-4 on 18 February 2011.

2.  On 17 October 2011 he reenlisted for a period of 5 years and training as a wheeled vehicle mechanic. 

3.  On 1 October 2012 he received an event oriented counseling statement by his team chief for his civilian arrest wherein he threatened his spouse.  He was advised that his continued misconduct could result in his elimination from the Army under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14-12c, for misconduct – commission of a serious offense.   He was further counseled on numerous occasions for violating a civilian protective order, criminal damage to private property, and lying to a superior noncommissioned officer.  

4.  On 28 November 2012 the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for stealing military funds through misuse of a Government travel card.  Part of his punishment included reduction to the rank of private first class (PFC)/pay grade E-3.

5.  He received a mental status evaluation that cleared him for administrative separation on 15 November 2012.  He was found mentally fit for duty including deployment.  He also was screened for post-traumatic stress disorder and mild traumatic brain injury and both assessments were negative. 

6.  On 14 January 2013, the applicant’s commander notified the applicant that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, chapter 14-12c, for misconduct – commission of a serious offense.  He cites as the basis for his recommendation that the applicant stole military funds using his travel card on diverse occasions; he unlawfully and feloniously communicated a threat to commit violence, with the intent to place another in fear (his spouse); he unlawfully, knowingly and feloniously damaged, defaced, destroyed or substantially impaired the use of property (furniture); he unlawfully and knowingly caused physical contact in a rude, insulting, or angry manner with his spouse; and he failed to obey an order issued as a condition of his pretrial release by having direct or indirect contact with his spouse.

7.  After consulting with defense counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.

8.  The appropriate authority approved the recommendation for discharge and directed the applicant's discharge under honorable conditions (General Discharge Certificate).

9.  Accordingly, he was discharged under honorable conditions on 28 February 2013 under the provisions of Army Regulation 635-200, paragraph 14-12c, for serious misconduct.  He served 4 years and 13 days of active service and was issued a separation code of “JKQ” and an RE code of “3”.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and procedures for separating personnel for misconduct.  Specific categories include minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

11.  Pertinent Army regulations provide that individuals will be assigned RE codes prior to discharge or release from active duty based on their service records or the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment processing in the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

	a.  RE-1 applies to Soldiers completing their terms 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 the disqualification is waivable.  Former Soldiers 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.

12.  The SPD/RE Code Cross Reference Table states that when the SPD code is JKQ, then RE code 3 will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was issued a separation code of JKQ which denotes separation under the provisions of Army Regulation 635-200, paragraph 14-12c for serious misconduct.  Based on the separation code, the corresponding RE code is "3."  Accordingly, his DD Form 214 reflects the proper RE code that is applicable for the reason for his separation.

2.  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.  Accordingly, there appears to be no basis to grant his request for a change of his RE code.  

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.

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)                                         AR20140018407



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ABCMR Record of Proceedings (cont)                                         AR20140018407



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