BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20150000251
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 his Reentry (RE) code be changed from a 3 to a 1.
2. The applicant states, in effect, that he was charged with driving while intoxicated (DWI); however, he was found not guilty due to lack of evidence and after the case was dismissed his commander processed him for discharge under chapter 14. He also states that the DWI was his only offense and he desires to be reinstated to the Army and needs his RE code changed from a 3 to a 1.
3. The applicant provides a one-page letter explaining his application, his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a document showing his case was dismissed.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 14 March 2011 for a period of 3 years and 18 weeks and training as a cavalry scout. He completed his training and was transferred to Fort Bliss, Texas for his first and only assignment. He deployed to Iraq during the period 31 July 2011 15 December 2011.
2. The facts and circumstances surrounding his administrative discharge are not present in the available records. However, his DD Form 214 shows he was discharged under honorable conditions on 20 December 2013 under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct (serious offense). He was issued separation code JKQ and RE code 3.
3. 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.
4. Army Regulation 635-5-1 provides that a separation code of JKQ will be assigned to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, due to misconduct. An RE code of 3 is assigned when a separation code of "JKQ" is used.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it must be presumed that 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) AR20150000251
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150000251
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140006185
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. The applicant 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. The applicant has failed to show through the evidence submitted or the evidence of record that he was assigned the...
ARMY | BCMR | CY2014 | 20140018407
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. 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. The applicant was issued a separation code of JKQ...
ARMY | BCMR | CY2013 | 20130015641
IN THE CASE OF: BOARD DATE: 15 May 2014 DOCKET NUMBER: AR20130015641 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. SPD Code JKQ applies to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c by reason of misconduct (serious offense).
ARMY | BCMR | CY2010 | 20100028932
He was discharged on 22 October 1993 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, for misconduct-commission of a serious offense, specifically the abuse of illegal drugs, with a general, under honorable conditions discharge. By regulation an RE code of 3 is the proper code to assign members who were separated under the provisions of Army Regulation 635-200, by reason of misconduct with an SPD code of JKQ. Those individuals...
ARMY | BCMR | CY2011 | 20110016613
Army Regulation 635-200 further states 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 and processing into the RA and the U.S. Army Reserve (USAR). RE code "3" is the correct code for Soldiers separated by reason of misconduct - commission of a...
ARMY | BCMR | CY2011 | 20110005222
Army Regulation 635-200 further states 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. The evidence of record confirms the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct. ____________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2010 | 20100019242
The applicant's records show he enlisted in the Regular Army on 13 May 1997. Army policy states that an under other than honorable conditions discharge is normally considered appropriate for a Soldier discharged for patterns of misconduct; however, the discharge authority may direct an honorable or general discharge if such are merited by the Soldier's overall record. The SPD Code of "JKQ" is the correct Code for Soldiers separating under chapter 14-12c of Army Regulation 635-200 by reason...
ARMY | BCMR | CY2010 | 20100021630
IN THE CASE OF: BOARD DATE: 22 February 2011 DOCKET NUMBER: AR20100021630 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 10 August 2009, the unit commander notified the applicant of his intent to process him for separation under the provisions of paragraph 14-12c (Commission of a Serious Offense), Army Regulation 635-200, based on his period of AWOL from 20 February through 21 July 2009. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2013 | 20130003673
It states that individuals would be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty. SPD code "JKQ" is the correct code for Soldiers separating under the provisions of paragraph 14-12c of Army Regulation 635-200 by reason of misconduct commission of a serious offense. However, her DD Form 214 shows she was discharged on 4 February 2000 under the provisions of Army Regulation 635-200, paragraph 14-12c for...
ARMY | BCMR | CY2009 | 20090014434
On 13 December 2007, the applicants immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, for misconduct, commission of a serious offense, based on two periods of AWOL with one period exceeding 30 days. The evidence of record shows that the applicants RE code was assigned because he was separated under the provisions of Army Regulation 635-200,...