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 applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s 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