RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 March 2008 DOCKET NUMBER: AR20070017354 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. x The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his Reentry (RE) code be changed from RE-4 to RE-3 so that he can join the Marine Corps. 2. The applicant states that the chain of command was unjust regarding his discharge and RE code. He alleges that other Soldiers committed the same act and received higher discharges and RE codes. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a DD Form 553 (Deserter/Absentee Wanted by the Armed Forces). CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 23 June 2005. After he completed basic training and advanced individual training, he was awarded military occupational specialty 11B (infantryman). 2. The applicant was discharged on 1 February 2007 under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct - commission of a serious offense. He completed 1 year, 7 months and 9 days of active military service. 3. His DD Form 214 shows he was issued a RE code of RE-4 and a Separation Program Designator (SPD) code of "JKQ" (Misconduct-Commission of a Serious Offense). 4. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows that the separation program designator “JKQ” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Misconduct-Commission of a Serious Offense” and that the authority for discharge under this separation program designator is “AR 635-200, paragraph 14-12c." 5. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 3 as the proper reentry code to assign to Soldiers separated under the provisions of AR 635-200, paragraph 14-12c for misconduct - commission of a serious offense. 6. 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 and processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes. 7. RE–3 applies to persons not qualified for continued Army service, but the disqualification is waivable. DISCUSSION AND CONCLUSIONS: 1. The applicant was discharged on 1 February 2007 under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct - commission of a serious offense. 2. The applicant's DD Form 214 shows he was separated with a separation code of "JKQ" and was assigned an RE code of RE-4. However, RE code 3 is the appropriate RE code for a Soldier separated under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct - commission of a serious offense. 3. It appears that an administrative error has occurred in this case regarding the applicant’s RE code of RE-4. Therefore, it would be equitable to change his RE code from RE-4 to RE-3. BOARD VOTE: x_____ x______ x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his RE code of RE-4 to RE-3 on his DD Form 214. x________ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.