ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 July 2019 DOCKET NUMBER: AR20170006365 APPLICANT REQUESTS: his reentry (RE) code of 4 be changed to a 3 in block 27 (Reentry Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant states he would like to reenlist into the Army. 2. A review of the applicant’s service records show: a. On 5 August 2013, he enlisted in the Regular Army (RA). b. His Enlisted Record Brief (ERB) shows, in (Section III – Service Data), he attained the rank of private two (PV2)/E-2 on 5 February 2014. c. On 12 October 2014, a DA Form 4187 (Personnel Action) recorded his duty status change from “present for duty” to “confined by military authorities” for pre-trial confinement 120 days. His rank is shown as PV1/E-1 on this form. d. On 9 February 2015, he was convicted by a general court-martial of two specifications of wrongfully distributing marijuana, two specifications of wrongfully using marijuana, two specifications of absenting himself from his unit and remaining so absent in desertion until apprehended (29 September to 29 October 2014 and 19 February to 14 April 2014), one specification of larceny, stealing property at the Army and Air Force Exchange Service (AAFES), and one specification of conspiring to commit larceny. e. he court sentenced him to reduction to E-1, confinement for 1 year, and a bad conduct discharge. f. On 24 March 2015, the convening authority approved a lesser sentence of reduction to E-1, confinement for 255days, and a bad conduct discharge, and except for the bad conduct discharge, ordered it executed. g. General Court-Martial Order 358, dated 22 December 2015, shows the finding of guilty and the sentence had been affirmed by the United States Army Court of Criminal Appeals and the bad conduct discharge would be executed. h. He was discharged on 26 February 2016. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), chapter 3, with a bad conduct characterization of service. He completed 1 year, 10 months, and 27 days of creditable active military service with lost time from 19 February 2019 to 13 April 2014; 29 September 2014 to 28 October 2014, and 17 November 2014 to 16 April 2015. He was assigned Separation Code JJD and RE Code 4. 3. By regulation, (AR 635-5-1 (Separation Program Designator (SPD) Codes) Soldiers discharged under chapter 3 of AR 635-200 due to court-martial (other) are assigned the Separation Code JJD. The SPD/RE cross-reference table shows, an SPD code of JJD has an assigned corresponding RE Code of 4. 4. By regulation, AR 635-200, a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial. The appellate review must be completed and the affirmed sentence ordered duly executed. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not warranted. The applicant’s contentions were carefully considered. The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity. He did not provide character witness statements or evidence of post-service achievements for the Board to consider. Based upon the court-martial conviction and offenses involved being of a criminal nature, the Board agreed that the applicant's reentry code was warranted as a result of the misconduct. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. 2. AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The separation document provides the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. The DD Form 214 provides a brief, clear-cut record of active duty service at the time of a Soldiers release from active duty, retirement, or discharge, and it is not intended to have any legal effect on termination of a Soldier's service. 3. AR 635-5-1 (Separation Program Designator (SPD) Codes) implements Department of Defense policy for standardization of certain entries on DD Form 214. Paragraph 1-1 (Purpose) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the separation program designator (SPD) codes to be entered on DD Form 214. 4. AR 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment. Paragraph 3-11 (Armed Forces reentry eligibility codes) states regardless of the RE code, applicants may require a waiver for the reason and authority for separation release, discharge, or transfer. Table 3-1 shows the following reentry eligibility codes: * an RE code 1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated * an RE code 3 applies to persons who are not qualified for reentry or continuous service at the time of separation, but the disqualification is waivable * an RE code 4 applies to persons separated from their last period of service with a non-waivable disqualification //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170006365 4 1