IN THE CASE OF:	  

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140018580 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 27 (Reentry Code) to reflect the reentry eligibility (RE) code of 1 in lieu of an RE code of 3.

2.  The applicant states he previously appealed to the Board for correction of the date of birth listed on his DD Form 214; now his reentry code is incorrect.  He is unable to enlist in the Army National Guard with an RE code of 3.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 28 July 1995.

3.  On 15 May 2002, the applicant's commander notified the applicant of his intent to separate him for patterns of misconduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b.  This action was based on his failure to report to duty and obey lawful orders on numerous occasions.

4.  On 29 May 2002, he acknowledged receipt of the separation notification.  He was advised by consulting counsel of the basis for the contemplated separation action for misconduct, the type of discharge he could receive, the possible effects of this discharge, and the procedures and rights available to him.  He did not submit statements in his own behalf and waived his right to an administrative separation board.  He acknowledged he understood he might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him and that he may be ineligible for many or all benefits as a veteran under both Federal and State laws.

5.  A DA Form 3822 (Report of Mental Status Evaluation), dated 8 April 2002, shows the applicant was mentally responsible, had the mental capacity to understand and participate in proceedings, met Army retention requirements, and was psychiatrically cleared for any administrative action deemed appropriate by his chain of command.

6.  On 3 June 2002, the appropriate authority approved the applicant's administrative separation and directed he receive a general discharge under honorable conditions.

7.  On 14 June 2002, he was discharged from the Army.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct.  He completed 6 years, 10 months, and 17 days of creditable active service.  He was assigned a separation program designator (SPD) code of JKA and an RE code of 3.

8.  Army Regulation 635-200 states individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.

9.  Army Regulation 635-5-1 (SPD Codes) provides the specific reasons for separating Soldiers from active duty and the associated SPD codes to be entered on the DD Form 214.  It states that SPD code JKA is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 
635-200, chapter 14, due to misconduct.  The SPD/RE Code Cross-Reference Table stipulates that an RE code of 3 will be assigned to members separated under these provisions with an SPD code of JKA.

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, U.S. Army Reserve, and Army National Guard.  Table 3-1 (U.S. Army Reentry Eligibility Codes) includes a list of 
RE codes:

	a.  RE code 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 code 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  The type of discharge directed was appropriate considering all of the facts of the case.

2.  The RE code of 3, establishing his enlistment/reenlistment ineligibility without a waiver, was correctly entered on his DD Form 214 in accordance with governing regulations.

3.  There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the RE code of 3.  The applicant's desire to continue in the service to his country is noted; however, there are no provisions authorizing the change of an RE code for this purpose.

4.  The ABCMR does not establish eligibility for entry into the Army nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised to contact a local recruiter should he desire to reenter military service.  A local recruiter can best advise him on his eligibility for returning to military service, the current needs of the Army, and may process any required enlistment waivers for the applicant's RE code of 3 if so eligible.

5.  In view of the above, 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)                                         AR20140018580



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ABCMR Record of Proceedings (cont)                                         AR20140018580



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