IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150003284 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 an upgrade of his reentry eligibility (RE) code from 4 to 3 in order to make him eligible for enlistment. 2. He states he was having issues with his ex-wife after basic training due to infidelity and after working things out, he took temporary duty (TDY) to bring her and his daughter to Joint Base Lewis-McChord (JBLM). After being there for 2 days, his wife told him that he needed to choose between his family and the Army. This decision to follow his family was not one that was intentional, but rather instinctive. As a result, he was discharged with a Separation Program Designator (SPD) code of JKF and an RE code of 4. He contends his receipt of an RE code of 4 is in contradiction with the SPD Code/RE Code Cross-Reference Table, dated 31 March 2003, which indicates that he should have received RE code 3. 3. The applicant further states that since his discharge, he has started his own company training police K-9 and has held a full-time subcontracting job. He had never been in any form of trouble other than this incident of absence without leave (AWOL) and he would be willing to fulfill a long term commitment with the military will not make a decision that is going to affect the rest of his life. He realizes his commitment and heart still lie with this country and he is not going to do anything to hurt his chances of living his dream. 4. He provides: * his DD Form 214 (Certificate of Release or Discharge from Active Duty) * SPD Code/RE Code Cross-Reference Table dated 31 March 2003 CONSIDERATION OF EVIDENCE: 1. The applicant's record shows he enlisted in the Regular Army (RA) on 14 January 2013. The highest rank/grade he attained while serving on active duty was private/E-1. 2. The applicant’s record contains documents which show: a. he departed his unit in an AWOL status on 17 June 2013; b. he was dropped from the rolls (DFR) as a deserter on 18 July 2013; and c. he was apprehended and returned to military control on 29 August 2013. 3. On 8 October 2013, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniformed Code for Military Justice (UCMJ) for violating the following Article 86 of the UCMJ by being AWOL. 4. On 7 November 2013, the applicant's unit commander notified him he was initiating action which could result in his separation from the Army with a general discharge under honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c, for misconduct (Desertion). The applicant acknowledged receipt of the notification the same day. 5. He was advised of his rights and the impact of the discharge. He accepted his right to consult with legal counsel and submitted a statement in his own behalf, but waived consideration of his case by or personal appearance before an administrative separation board. He acknowledged he understood that if his discharge request were approved, he could be deprived of many or all Army benefits, that he could be ineligible for many or all benefits administered by the Department of Veterans Affairs (VA), that he could be deprived of his rights and benefits as a veteran under both Federal and State laws, and that he could expect to encounter substantial prejudice in civilian life. The applicant elected to consult with legal counsel. 6. On 13 November 2013, the unit commander recommended that he be separated from the service and that further rehabilitative efforts be waived. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general discharge under honorable conditions. 7. On 15 November 2013, the separation authority waived further rehabilitative efforts and directed that the applicant be separated under the provisions of Army Regulation 635-200, paragraph 14-12c, and that he be furnished a general under honorable conditions characterization of service. 8. On 13 November 2013, he was discharged accordingly. His DD Form 214 shows: * his service was characterized as under honorable conditions (general) * he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(1), with an SPD code of JKF and an RE code of 4 * his narrative reason for separation was "MISCONDUCT (DESERTION)" 9. The applicant provides SPD Code/RE Code Cross-Reference Table, dated 31 March 2003, which indicates RE code 3 should be assigned to personnel separated under the provisions of SPD code JKF. 10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 deals with separation for various types of misconduct for which Soldiers may be separated prior to their normal expiration of term of service. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. 11. Army Regulation 635-5-1 (SPD Codes), in effect at the time of the applicant's separation, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It stated that the SPD code of JKF was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c(1), for Misconduct (Desertion). 12. At the time of the applicant's discharge, the current SPD/RE Code Cross Reference Table indicated that an RE code of 4 was the proper code to assign to members separated with an SPD code of JKF. 13. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. a. RE code 1 applies to persons who are considered fully qualified for reentry or continuous service at the time of separation. b. RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable. c. RE code 4 applies to persons separated from their last period of service with a nonwaivable disqualification. This includes anyone with a Department of the Army-imposed bar to reenlistment in effect at the time of separation or separated for any reason (except length of service retirement) with 18 or more years of active Federal service. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his RE code should be upgraded in order to make him eligible for enlistment were carefully considered. 2. He contends his misconduct was the result of being forced to decide whether to stay with his family or serve in the Army. He also mentions that he has never been in any other kind of trouble and that he has been successful following his discharge. However, none of this mitigates his misconduct. 3. The evidence of record shows he was recommended and approved for separation under the provisions of Army Regulation 635-200, paragraph 14-12c(1), by reason of misconduct (Desertion). The evidence also shows the applicant was assigned the appropriate SPD code of JKF and RE code of 4 at the time of his discharge. 5. Based on his record of indiscipline, the applicant's service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel. Therefore, it does not appear that he is entitled to an upgraded RE code. 6. The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits. 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) AR20150003284 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003284 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1