IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150003684 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his reentry eligibility (RE) code as 1. 2. The applicant states: * his record is unjust because he was still released from the military after he served his nonjudicial punishment under Article 15 of the Uniform Code of Military Justice * it feels like double jeopardy * he was never referred for a substance abuse assessment 3. The applicant provides letters of recommendation. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve on 24 October 2013 for a period of 8 years. He was ordered to active duty for training on 5 November 2013. 2. In June 2014, nonjudicial punishment was imposed against him for: * failing to go at the time prescribed to his appointed place of duty (two specifications) * disobeying three lawful orders * disobeying a lawful general regulation 3. Discharge proceedings were initiated against him for misconduct (pattern of misconduct) under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12b. 4. On 22 July 2014, he consulted with counsel, waived his rights, and acknowledged that he understood he might encounter substantial prejudice in civilian life if a general discharge were issued to him. He elected to submit a statement in his own behalf. In summary, he stated: * he understood what he did was wrong * he apologized for his actions * he wanted a second chance 5. On 12 August 2014, the separation authority approved the recommendation for the applicant's discharge and directed the issuance of a general discharge. 6. On 15 August 2014, he was discharged under honorable conditions for misconduct (pattern of misconduct) under the provisions of Army Regulation 635-200, paragraph 14-12b. He completed 9 months and 11 days of creditable active service. 7. His DD Form 214 shows in: * item 25 (Separation Authority) – Army Regulation 635-200, paragraph  14-12b * item 26 (Separation Code) – JKA * item 27 (Reentry Code) – 3 * item 28 (Narrative Reason for Separation) – pattern of misconduct 8. There is no evidence showing he was diagnosed with drug abuse or dependency prior to his discharge. 9. He provided three letters of recommendation. a. A staff sergeant recommended the applicant's retention for continued service in the Army because he has shown his commitment to the Army and himself by remaining resilient, professional, and disciplined when his punishment was imposed. He has been a tremendous asset to his floor and student leadership. He is an intelligent, capable, dedicated, and personable young man. b. A senior welding instructor stated the applicant made an amazing impact being in a leadership position and achieved high scores on written tests. He is highly respected by his peers for his willingness to help others at any time. He has real leadership potential. c. His platoon sergeant attested he was assigned to the applicant's unit after his misconduct. He supervised the applicant for 2 months. During this period, the applicant served 45 days of extra duty as a result of his nonjudicial punishment under Article 15 of the Uniform Code of Military Justice. His conduct has been excellent. 10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense (military or civilian offense), and convictions by civil authorities. 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. 11. 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. 12. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes. a. RE code 1 applies to persons completing their term of active Service who is considered qualified to reenter the U.S. Army. b. RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation but the disqualification is waivable. 13. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. SPD code JKA applies to Soldiers discharged by reason of misconduct (pattern of misconduct). 14. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows Soldiers assigned an SPD code of JKA will be assigned an RE code of 3. DISCUSSION AND CONCLUSIONS: 1. The letters of recommendation submitted on behalf of the applicant failed to show his RE code was in error and should be changed. 2. The evidence of record confirms his RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, paragraph 14-12b. The RE code associated with this type of discharge is 3. 3. His RE code was administratively correct and in conformance with applicable regulations at the time of his discharge. Therefore, there is no basis for granting the applicant's requested relief. 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 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) AR20150003684 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003684 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1