PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            28 January 1999 
	DOCKET NUMBER:   AR1999015130

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his report of separation (DD Form 214) be corrected to reflect a Reentry (RE) Code of RE-3.

3.  The applicant states that he was incorrectly issued a RE Code of RE-4 at the time of his separation and that by virtue of his separation code (JBK), he should have been issued an RE Code of RE-3.

4.  The applicant’s military records show that he enlisted on 29 August 1995 for a period of 5 years and training as a military policeman.  He successfully completed his training and was transferred to Germany on 4 January 1996.

5.  On 2 July 1997 the applicant’s commander initiated action to separate the applicant from the service for a pattern of misconduct.  He cited as the basis for his recommendation the applicant’s record of disciplinary violations which included disobeying an officer, disobeying an NCO, willfully disobeying lawful regulations, his repeated failure to go to his place of duty, and his failure to respond to numerous counseling sessions.  The commander submitted an extensively detailed packet of evidence to support his recommendation.

6.  After consulting with counsel, the applicant elected to submit a statement in his own behalf in which he asserted, in effect, that he was being misjudged and that he deserved a second chance.

7.  The appropriate authority approved the recommendation on 29 July 1997 and directed that the applicant be furnished a General Discharge Certificate.

8.  Accordingly, he was discharged on 7 August 1997 under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct.  He had served 1 year, 11 months, and 9 days of total active service and was issued a RE Code of RE-4.

9.  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 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.

10.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200.  A waiting period of 2 years from separation is required before a waiver may be submitted.  RE-4 applies to persons separated with a non-waivable disqualification.

CONCLUSIONS:

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

2.  However, at the time of his separation he was incorrectly issued an RE Code of RE-4 instead of the code of RE-3, the code for which the applicable regulations indicate is appropriate for the type of separation the applicant received.

3.  Accordingly, it would be in the interest of justice to correct his records at this time to show that he was issued an RE Code of RE-3.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was issued a RE Code of RE-3 at the time of his separation on 7 August 1997. 

BOARD VOTE:  

__rwg___  ___clg  __  __ls ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Luther L. Santiful  ____
		        CHAIRPERSON

INDEX

CASE ID	AR1999015130	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/28	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  100.0300		
2.		
3.		
4.		
5.		
6.