ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  27 June 2019

	DOCKET NUMBER:  AR20170006001


APPLICANT REQUESTS:  his Reentry (RE) Code is changed to RE-1.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Letter in Support (BA)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20120005009 on 13 November 2012.

3.  The applicant states at the time of his discharge, he was young and is now ready to 
serve his country.  As a minister of the word of God, it is his desire to minister to 
soldiers and their families.  He requests to change his reentry code, which would allow 
him to re-enlist in the Army.

4.  The applicant provides a letter of support from his pastor (BA), which states he has 
known the applicant for several years and can attest to his intellectual fortitude and 
professionalism.  The applicant is patient and compassionate and these qualities will 
serve him well in any endeavor he attempts (see attached letter).

5.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 8 September 2009.

	b.  Findings from a Report of Behavioral Health Evaluation, dated 27 May 2010, 
found the applicant met psychiatric criteria for expeditious administrative separation due 
to the diagnosis of Adjustment Disorder NOS (Chronic Stress) and Malingering.  The 
physician recommended separation because he believed the applicant would continue 
to exaggerate and fabricate medical symptoms and without intention end up hurting 
himself or someone else.

	c.  On 4 August 2010, the applicant was counseled by his training NCO on the loss 
of his meal card, a military document.

	d.  On 10 September 2010, the immediate commander notified the applicant of his 
intent to separate him for numerous occasions of malingering and pattern of 
misconduct.

	e.  On 10 September 2010, the applicant acknowledged receipt of the commander’s 
intent to separate him, subsequently, he consulted with legal counsel and waived his 
rights to submit a statement on his own behalf.

	f.  Subsequent to the applicant’s acknowledgment, the immediate commander 
initiated separation action against him for misconduct.  The chain of command 
recommended approval.

	g.  The separation authority reviewed the separation action and on 15 September 
2010, approved the applicant's discharge under the provisions of AR 635-200, chapter 
14-12b; and directed his service be characterized as general, under honorable 
conditions and Reentry (RE) code 4 placed on his DD Form 214.

	h.  He was discharged from active duty on 7 October 2010.  His DD Form 214 
(Certificate of Release or Discharge from Active Duty) shows he completed 1 year and 
1 month of active service.

6.  The applicant applied to the Army Board of Military Corrections for an upgrade of his 
RE-Code, which was approved by the board on 13 September 2012. DD Form 215 
(Correction to DD Form 214, Certificate of Release or Discharge From Active Duty) 
issued to reflect “Item 27” (Reentry Code): 3

7.  According to Army Regulation 635-200, action will be taken to separate a solider 
because of a pattern of misconduct.  Normally, a discharge under other than honorable 
conditions is normally appropriate for a soldier.  However, the separation authority may 
direct a general discharge if such is merited by the Soldier’s overall record.

8.  In reaching its determination, the Board can consider the applicant’s petition and his 
service record in accordance with the published equity, injustice, or clemency 
determination guidance.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  Board previously provided relief with a RE-3, and this Board 
determined that no other relief was warranted RE-3, based upon insufficient evidence of 
further error or injustice.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:KCB	:MJK	:KME	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.
	  
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), in 
effect at the time, provides for separation of enlisted personnel.  Chapter 14-12b of this 
regulation provides procedures for separating personnel for misconduct due to a 
pattern of misconduct.  Normally, a discharge under other than honorable conditions is 
normally appropriate for a soldier.  However, the separation authority may direct a 
general discharge if such is merited by the Soldier’s overall record.

3.  Army Regulation (AR) 601-210 (Active and Reserve Components Enlistment 
Program) cover eligibility criteria, policies and procedures for enlistment and processing 
into the Regular Army (RA) and the U.S. Army Reserve. Chapter 3 of the regulation 
prescribes basic eligibility for prior service applicants for enlistment.  That chapter 
includes a list of Armed Forces Reentry (RE) Codes, including RA RE codes:

a.  RE-1 applies to persons completing his term of active service who is considered 
qualified to reenter the U.S. Army.

	b.  RE-3 applies to persons who is not fully qualified for reentry or continuous service 
at time of separation, but qualification is waivable.

	c.  Chapter 4 states recruiting personnel have the responsibility for initially 
determining whether an individual meets current enlistment criteria and are responsible 
for processing waivers.  

4.  Army Regulation 635-5-1 (SPD Codes) provides 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.  Both the version of the regulation in effect at the time 
and the current version of the regulation provide for assigning the SPD code of "JKA" to 
Soldiers separated under the provisions of paragraph 14-12b, Army Regulation 635-
200 by reason of misconduct, pattern of misconduct.  The Department of the Army 
SPD/RE Code Cross Reference Table stipulates that an RE code of "3" is the proper 
code to assign members who are separated under the provisions of Army Regulation 
635-200, for misconduct, pattern of misconduct, and who are assigned an SPD code of 
"JKA."

5.  On 25 July 2018, the Under Secretary of Defense for Personnel and 
Readiness issued guidance to Military Discharge Review Boards and Boards for 
Correction of Military/Naval Records regarding equity, injustice or clemency 
determinations.  Clemency generally refers to relief specifically granted from a 
criminal sentence and BCMRs may grant clemency regardless of the court-
martial forum.  However, the guidance applies to more than clemency from a 
sentencing in a court-martial; it also applies to any other corrections, including 
changes in discharge, which may be warranted on equity or relief from injustice 
grounds.  The guidance does not mandate relief, but rather provides standards 
and principles to guide Boards in application of their equitable relief authority.  In 
determining whether to grant relief on the basis of equity, an injustice, or 
clemency grounds, BCMRs shall consider the twelve stated principles in the 
guidance as well as eighteen individual factors related to an applicant.  These 
factors include the severity of the misconduct and the length of time since the 
misconduct.

ABCMR Record of Proceedings (cont)	 AR20170006001

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