IN THE CASE OF:	  .

		BOARD DATE:	  1 October 2015

		DOCKET NUMBER:  AR20140021476 


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 Reenlistment Eligibility Data Display (REDD) Request Data Report to show his reentry (RE) code as RE-2 vice “ZZ.”

2.  The applicant states, in effect, he is currently unable to reenlist because of this RE code which has no meaning.  He never received an RE code after his under other than honorable conditions (UOTHC) discharge was upgraded to a general discharge.  He displayed no acts of misconduct which would have led to an unsatisfactory RE code.  He proved that his service was honorable and no misconduct occurred.  Miscommunication and confusion led to his discharge.  He was able to prove that misconduct was not the reason for his discharge and his discharge was upgraded.  He now wants his RE code of "ZZ" changed to RE-2. 

3.  The applicant provides copies of the following:

* Orders Number C-11-730982
* Orders Number 09-259-00036
* Orders Number 12-236-00003
* Orders Number 12-236-00009
* Orders Number 12-236-00009 (Corrected Copy)
* two letters from the Army Discharge Review Board (ADRB) and Army Review Boards Agency (ARBA)
* REDD Request Data Report



CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he enlisted in the North Carolina Army National Guard (NCARNG) on 27 October 2005, for 8 years.  He entered on active duty for training (ADT) on 8 April 2006.  He completed training and was awarded military occupational specialty 13D (field artillery automated tactical data system specialist).  He was honorably released from ADT on 29 June 2006 and was transferred to an NCARNG unit.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was not assigned an RE code.

2.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was released from the NCARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 30 April 2007, by reason of continuous and willful absence, with a general discharge, in pay grade E-3.  He was credited with completing 1 year, 6 months, and 4 days of ARNG service and he was assigned and RE code of 3.

3.  Orders Number C-11-730982, issued by the U.S. Army Human Resources Command on 14 November 2007, reassigned him from the USAR Control Group to a troop program unit, the 824th Quartermaster Company, effective 13 November 2007.

4.  His record is void of the complete facts and circumstances surrounding his 2009 discharge; however, his records contain and he provided Orders Number 09-259-00036, issued by Headquarters, 143rd Civil Support Expeditionary Sustainment Command on 16 September 2009, reducing him to pay grade E-1 and discharging him from the USAR under the provisions of Army Regulation 135-178 (Enlisted Administrative Separations), with an UOTHC discharge.  The orders do not list an RE code.

5.  On 18 April 2011, the ADRB denied his request for a change in the character and/or reason for his discharge.  The ADRB determined based on the available evidence that his discharge was both proper and equitable.

6.  On 10 May 2012, following a personal appearance, the ADRB determined that his characterization of service was too harsh based on the overall length and quality of his service to include his post-service achievements and the circumstances surrounding his misconduct (evidence submitted including correspondence from his unit, transfer documents to the Regular Army (RA), etc.), and the ADRB granted relief in the form of an upgrade to general, under honorable conditions.  The ADRB determined the reason for separation would remain unchanged.  The applicant was advised in writing of the Board's decision.

7.  His records also contain and he also provided copies of the following:

   a.  Orders Number 12-236-00009, issued by Headquarters, USAR Command on 23 August 2012, discharging him from the USAR on 28 September 2009 with an UOTHC discharge.

   b.  Orders Number 12-236-00003, issued by Headquarters, 143rd Civil Support Expeditionary Sustainment Command on 23 August 2012, revoking Orders Number 09-259-00036.

   c.  Orders Number 12-236-00009 (Corrected Copy), issued by Headquarters, USAR Command on 23 August 2012, discharging him from the USAR in pay grade E-3, with a general discharge.

8.  He further provided a copy of his REDD Request Data Report, dated 
22 August 2014, showing he was assigned an RE code of "ZZ" and a separation program designator (SPD) of "ZZZZ."

9.  Army Regulation 135-178, in effect at the time, set the policies for separation of USAR Soldiers for a variety of reasons.  Paragraph 2-9c of the regulation stated an UOTHC characterization could only be used when discharged for misconduct, fraudulent entry, unsatisfactory participation, or security reasons.

10.  U.S. Military Entrance Processing Command Regulation 601-23 states upon check-in of all prior military service applicants, the Military Entrance Processing Station (MEPS) will obtain one of the following documents before processing:  DD Form 214, Member or Service Copy with Special Additional Information Blocks 23 – 30; DD Form 215 (Correction to DD Form 214), NGB Form 22 or the REDD Level 2 printout.  

   a.  The REDD is an automated printout received from the Defense Manpower Data Center (DMDC) that duplicates the entries on the DD Forms 214/215 and NGB Form 22.  It is similar to the prior service (PS) check currently received nightly from DMDC.  

   b.  By providing the MEPS a signed and dated REDD printout, the recruiting service liaison/guidance counselor attests that: 

		(1)  Despite concerted efforts, the preferred PS documents cannot be located or obtained.


		(2)  The printout is an accurate capture of the Level 2 screen shot, including PS components, active duty periods, and character of service section

		(3)  The printout has reference to all periods of PS in the Personnel Loss Data.

		(4)  A clear explanation of all inter-service RE codes, inter-service separation codes, SPD, and RE codes as defined by Service regulations is recorded on the bottom of the printout.

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the RA and USAR.  Chapter 3-23 of the regulation stated the RA and Reserve Component enlistment eligibility would be based on the last discharge or separation.  The regulation provided that prior to discharge or release from active duty individuals would be assigned RE codes based on their service records or the reason for discharge.  Chapter 3 included a list of Armed Forces RE codes, including the following RA RE codes:

* RE-1 - applied to persons qualified for enlistment if all other criteria are met
* RE-2 – applied to Soldier separated prior to the effective date of this regulation and the codes would not be used after that date  
* RE-3 applies to Soldiers who are not fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable; those individuals are ineligible unless a waiver is granted

12.  Army Regulation 635-1 (SPD Code), in effect at the time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for separation of members from active military service, and the SPD's to be used for these stated reasons.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record is void of the complete facts and circumstances which led to his UOTHC discharge.  However, the evidence shows he was discharged from the USAR on 16 September 2009 with a UOTHC discharge.  His orders do not list RE and SPD codes.  

2.  The ADRB upgraded his UOTHC discharge to general on 10 May 2012.  His UOTHC discharge orders were revoked and he was issued corrected orders discharging him in pay grade E-3 with a general discharge.  His reason for discharge and RE code were not changed.  However, these orders did not list any RE or SPD codes.

3.  Since his reason for discharge and RE code were not changed, in accordance with Army Regulation 601-210, he requires a waiver to reenlist and he is ineligible unless a waiver is granted.  

4.  An RE code of 2 was assigned to Soldiers separated prior 28 February 1985, in accordance with the governing RE code regulation.  At the time of the applicant’s separation on 16 September 2009 an RE code of 2 was no longer used or assigned to Soldiers.  

5.  The RE code of "ZZ" listed on his REDD Request Data Report is not an actual RE code, it is a place holder with no inherent meaning.  Additionally, RE codes correspond directly to SPD codes.  Without a valid SPD code there can be no true RE code.  With or without an RE code his reenlistment eligibility will be based on his last discharge or separation, which was upgraded to a general discharge in May 2012.  

6.  Accordingly, in the absence of an error or injustice, there appears to be 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)                                         AR20140021476



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ABCMR Record of Proceedings (cont)                                         AR20140021476



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