IN THE CASE OF: BOARD DATE: 10 DECEMBER 2015 DOCKET NUMBER: AR20150005131 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) for the period ending 18 February 2015 to show his reentry eligibility (RE) code as 3 or lower. 2. The applicant states: a. His type of separation was honorable. b. He was separated with a 9W reenlistment code (correctly known as an immediate reenlistment prohibition (IMREPR) code) which can be waived. c. His RE code should be 3 or lower. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service in the Regular Army, the applicant again enlisted in the Regular Army on 13 October 2008 and trained as an infantryman. He served in Iraq from 16 October 2009 to 16 October 2010. He was promoted to staff sergeant effective 1 July 2010. 2. In October 2013, he was issued a general officer memorandum of reprimand (GOMOR) for having an inappropriate relationship with a woman not his wife. 3. In February 2014, he was removed from the Drill Sergeant Program for misconduct (GOMOR). 4. On 18 February 2015, he was honorably discharged for non-retention on active duty under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4. He completed a total of 14 years, 2 months, and 19 days of creditable active service. 5. His DD Form 214 shows in: * item 25 (Separation Authority) – Army Regulation 635-200, chapter 4 * item 26 (Separation Code) – JGH * item 28 (Narrative Reason for Separation) – Non-Retention on Active Duty 6. Section III (Service Data) of his Enlisted Record Brief shows he was assigned IMREPR code 9W. REFERENCES: 1. The current IMREPR code chart states the description for 9W is not eligible due to staff sergeant noncommissioned officer evaluation report (NCOER)/NCO Education System (NCOES) eligibility requirements. 2. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 4 establishes policy and prescribes procedures for separating members for expiration of service due to discharge or release from active duty upon termination of enlistment and other periods of active duty or active duty for training. A Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. An honorable discharge is appropriate for a Solder discharged under this chapter unless the Solder is in an entry-level status and service is uncharacterized. b. Paragraph 19-12 provides for involuntary discharge. Soldiers who choose not to appeal the Qualitative Management Program (QMP) selection or denial of continued service, or whose appeal is denied, will be involuntarily discharged. 3. 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. 4. 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. c. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment. 5. 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 JGH applies to Soldiers discharged by reason of non-retention on active duty under the provisions of Army Regulation 635-200, paragraph 19-12. 6. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows Soldiers assigned an SPD code of JGH will be assigned an RE code of 4. DISCUSSION: 1. The evidence shows the applicant was assigned an IMREPR 9W code (prohibited from immediate reenlistment due to staff sergeant NCOER/NCOES eligibility requirements) and he was issued a GOMOR. It appears he was separated from the Army through the QMP. It also appears his separation authority is incorrect as shown in item 25 of his DD Form 214 and should be paragraph 19-12 instead of chapter 4. 2. Nevertheless, the evidence of record confirms his RE code was assigned based on his discharge for non-retention on active duty. The RE code associated with this type of discharge is 4. 3. His assigned RE code was administratively correct and in conformance with applicable regulations at the time of his discharge. ABCMR Record of Proceedings (cont) AR20150005131 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2 ABCMR Record of Proceedings (cont) AR20150005131 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1