ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 September 2019 DOCKET NUMBER: AR20170009536 APPLICANT REQUESTS: an upgrade of his reentry eligibility (RE) code to allow for a waiver. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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. The applicant states he is has been a New York National Guard member for the past 9 years and he has been offered a possible position with the Active Guard Reserve (AGR) program. He states his previous Regular Army (RA) DD Form 214 reflects an RE Code of 3 that does not show a waivable indicator. This code will bar him from applying for the active guard position, so he is requesting a review of his prior DD Form 214 to allow him to get a waiver to further his military career. 3. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 10 July 2001. b. On 2 September 2003, he accepted non-judicial punishment for conspiring to commit larceny of property of the Military Exchange. c. On 12 December 2003, the applicant accepted non-judicial punishment for wrongfully using methamphetamines. d. On 17 December 2003, the immediate commander initiated separation action against the applicant under Army Regulation (AR) 635-200, paragraph 14-12c, commission of a serious offense. e. The applicant consulted with legal counsel and he was advised of the basis for the contemplated action to separate him for commission of a serious offense. He waived his rights contingent on receiving a characterization of service or description of separation no less favorable than honorable condition. He acknowledged: * he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him * he understands that if he receives a discharge which is less than honorable, he may apply to the Army Discharge Review Board and/or the ABCMR to upgrade his discharge; however, he realizes that consideration by either board does not imply that his characterization of service (discharge) would be upgraded f. The applicant's intermediate commander recommended approval that the applicants discharge with the issuance of an under honorable conditions (general) discharge and no transfer to the Individual Ready Reserve (IRR). g. On 19 December 2003, the separation authority approved the request for discharge under the provisions of AR 635-200, chapter 14 and directed the applicant receive a general under honorable conditions discharge. h. On 15 January 2004, the applicant was discharged from active duty. His record is void of the DD Form 214, however, based on the separation packet documents the DD Form 214 would reflect in the following: * Item 23 (Type of Separation) – Discharge * Item 24 (Character of Service) – Under Honorable Conditions (General) * Item 25 (Separation Authority) – Army Regulation 635-200, para 14-12c * Item 26 (Separation Code) – JKK * Item 27 (Reentry Code) – 3 * Item 28 (Narrative Reason for Separation) – Misconduct, Commission of a Serious Offense i. On 17 March 2005, the applicant applied to the Army Discharge Review Board (ADRB) for a review of his discharge of dismissal from the Armed Forces and stated he would like the option to become a Commissioned Officer. e. On 18 November 2005, the ADRB granted the applicant full relief by upgrading his discharge as indicated below. The ADRB indicated that this action does not entail a change to the RE Code. * Item 23 (Type of Separation) – Discharge * Item 24 (Character of Service) – Honorable * Item 25 (Separation Authority) – Army Regulation 635-200, para 5-3 * Item 26 (Separation Code) – JFF * Item 28 (Narrative Reason for Separation) – SECRETARIAL AUTHORITY 4. By regulation, separations under the provisions of AR 635-200, chapter 14 provides policy and prescribes procedures for separating personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave. 5. By regulation AR 635-5 (Personnel Separation Documents), the DD Form 214 will be annotated for item 27 (Reenlistment Code) IAW AR 601–210 (Regular Army and Army Reserve Enlistment Program). Soldiers separating due to a misconduct of a serious offense are assigned separation code JKK. The RE code associated with this type of discharge is RE-3. 6. By regulation (AR 601-210 (Regular Army and Army Reserve Enlistment Program)). Table 3-1 included a list of the Regular Army RE codes: * An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met * An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was properly provided with a reentry code of “3”. The Board wished to inform the applicant that this code allows for enlistment with a waiver. The Board agreed the current reentry code is warranted. 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. 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. Block 27 (Reenlistment (RE) Code), for the RE Code, AR 601–210 (Regular Army and Army Reserve Enlistment Program) determines Regular Army and U.S. Army Reserves reentry eligibility and provides regulatory guidance on the RE codes. 3. AR 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Table 3-1 included a list of the Regular Army RE codes: * An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met * An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted * An RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification; they are ineligible for enlistment 4. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table shows the SPD code and the corresponding RE code. The cross reference table in effect at the time of his discharge states that separation code JKK has a corresponding RE code of "4." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170009536 4 1