ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 November 2019

	DOCKET NUMBER:  AR20170010513


APPLICANT REQUESTS: reconsideration of his earlier request to change block 27 
(Reentry Code) from RE-3 (Ineligible for Reenlistment unless a waiver is granted) 
RE-1 (Eligible to Reenlist).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record).  

FACTS:

1.  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 AR20130001717 on 
6 September 2013.

2.  The applicant states that he got out of the military and received an honorable 
discharge but block 27 is incorrect.  He believes the code in block 27 of RE-3 was 
given in error due to conflict and the prejudice of his company commander that also 
resulted in block 26 (Separation Code) of JHJ (Unsatisfactory Performance).  The 
applicant is asking that his reentry code (block 27) be changed from RE-3 to RE-1.  
His company commander told him that he was too old to be making minor mistakes 
and the applicant attributes his issues to his now ex-wife who caused problems with 
his chain of command by making complaints.  He also states that because of his 
family issues he was discharged from the Army and given the code JHJ. 

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

	a.  He enlisted in the U.S Navy on 26 April 00.  His DD Form 214 (Certificate of 
Release or Discharge from Active Duty) shows the applicant was released from the 
active duty on 31 July 2007 with an honorable discharge.  Block 26 (Separation 
Code) MBK (Expiration of Term of Service) and block 27 (Reentry Code) RE-1.  It 
also shows that he completed 7 years, 3 months, and 5 days of active duty service.

	b.  He enlisted in the Regular Army (RA) on 1 August 2007.  He reenlisted in the 
RA on 3 April 2009.
	c.  On 7 June 2011, the applicant was notified by his immediate commander of 
his intent to recommend separation under the provisions of AR 635-200 
(Personnel Separations – Enlisted Personnel), chapter 13 for unsatisfactory 
performance.  His commander recommended discharge with an [honorable] 
character of service.  On 7 June 2011, the applicant acknowledge receipt.

	e.  On 14 June 2011, he acknowledged and was advised by his consulting 
counsel of the bases for the contemplating action to separate him for misconduct 
under AR 635-200, chapter 13 and its effect; of the rights available to him; and the 
effects of any action taken by him in waiving his rights.  He understood if he had less 
than six years total of active and reserve military service at the time of separation 
and am being considered for separation for misconduct under AR 635-200, chapter 
13, he is not entitled to have his case heard by an administrative separation board. 

	f.  On 17 October 2011, the applicant completed an unconditional administrative 
separation board waiver.

	g.  His immediate commander (No date provided) recommended the applicant’s 
separation under the provisions of under the provisions of AR 635-200, chapter 13 
for unsatisfactory performance.  [The commander does not note any adverse 
disciplinary actions against the applicant to include non-judicial punishment.] 

	h.  On 18 October 2011, the applicant’s counsel recommended that he receive 
an honorable character of service for his administrative separation under 
AR 635-200, chapter 13.

	i.  His chain of command (No date provided) recommended separation under the 
provisions of AR 635-200, chapter 13 for unsatisfactory performance with a general, 
under honorable conditions discharge.  

	j.  On 27 October 2011, the separation authority approved separation under the 
provisions of AR 635-200, chapter 13 for unsatisfactory performance with a general, 
under honorable conditions discharge.  

	k.  Orders 306-0002, dated 2 November 2011, discharge the applicant from 
active duty effective 16 November 2011.  

	l.  His original DD Form 214 shows that that applicant was discharged from active 
duty on 16 November 2011 with a general, under honorable conditions discharge.  It 
shows that he was discharged under the provisions of AR 635-200, chapter 13 with 
block 26 JHJ (Unsatisfactory performance) and block 27 RE-3.  It also shows that he 
completed 4 years, 3 months, and 16 days of active duty service.

	m.  On 21 December 2012,  ABCMR granted the applicant’s request for relief for 
case number AR20120014194.  The Board states that after carefully examining the 
applicant's record of service during the period of enlistment under review and
considering the analyst's recommendation and rationale, the Board determined that 
the characterization of service was too harsh and as a result it is inequitable.  The 
Board found that the overall length and quality of the applicant's service (i.e., 11 
years, 6 months, 21 days), to include his two prior honorable discharges and
the circumstances surrounding the discharge (i.e., the unit commander 
recommended an honorable discharge), mitigated the discrediting entry in the 
service record.  Accordingly, the Board voted to grant relief in the form of an upgrade 
of the characterization of service to [honorable].  However, the Board determined 
that the reason for discharge was both proper and equitable and voted not to change 
it.  The applicant receive an ex-parte letter dated 27 December 2012.

	n.  On 5 September 2013, ABCMR denied the applicant’s request for case 
number AR20130001717.  The Board states that the applicant's request to change 
his RE code from an RE code of 3 to 1 has been carefully considered.  However, 
there is insufficient evidence to support this claim.  His SPD and RE codes were 
assigned based on his discharge under the provisions of Army Regulation 635-200, 
chapter 13, due to his unsatisfactory performance.  Absent the unsatisfactory 
performance during his 88L course, there would appear to be no fundamental 
reason to process him for discharge.  The underlying reason for his discharge was 
his unsatisfactory performance at the course.  The only valid narrative reason for 
separation permitted under this paragraph is "unsatisfactory performance."
The appropriate SPD code associated with this type of discharge is JHJ and
the corresponding RE code associated with this discharge is RE-3, both of which
are correctly shown on his DD Form 214.  The applicant is further advised that an 
RE code of 3 is a waiverable disqualification.  Therefore, if he desires to reenlist he 
should contact local recruiting officials who are responsible for processing RE code 
waivers.  In view of the foregoing, he is not entitled to the requested relief.  The 
applicant received an ex-parte letter dated 6 September 2013.

4.  AR 601-210 (Active and Reserve Components Enlistment Program) covers 
eligibility criteria, policies, and procedures for enlistment and processing into the RA 
and the USAR. Chapter 3 of that regulation prescribes basic eligibility for prior 
service applicants for enlistment.  That chapter includes a list of Armed Forces RE 
codes, including RA RE codes.  An RE code of "3" applies to persons who have a 
waiverable disqualification.  Chapter 4 states recruiting personnel have the 
responsibility for initially determining whether an individual meets current enlistment 
criteria and are responsible for processing waivers.

5.  AR 635-5-1 (SPD Codes) provides the specific authorities and reasons for 
separating Soldiers from active duty, and the SPD codes to be entered on the DD 
Form 214.  The SPD code JHJ is to be used for RA Soldiers involuntarily discharged 
for unsatisfactory performance.

?
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  Based upon the documentary evidence provided by the 
applicant and found within the military service record, the Board found insufficient 
evidence or justification to change in his RE Code from RE3 to RE1.  Based upon 
the misconduct within the applicant’s military record, the Board agreed with the 
previous board recommendation.

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:

1.  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 to amend the decision of the ABCMR set forth in Docket 
Number AR20130001717 on 6 September 2013.
	  
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 635-200 (Personnel Separations-Enlisted Personnel) in effect at 
the time, provides for the separation of enlisted personnel.

	a.  An honorable discharge is a separation with honor.  The honorable 
characterization is appropriate .when the quality of the member's service generally 
has met, the standards of acceptable conduct and performance of duty for Army 
personnel, or is otherwise so meritorious that any other characterization would be 
clearly inappropriate.

	b.  A general discharge is a separation from the Army under honorable 
conditions.  When authorized, it is issued to a member whose military record is 
satisfactory but not sufficiently meritorious to warrant an honorable discharge

	c.  Chapter 13 states a Soldier may be separated per this chapter when it is 
determined that he or she is unqualified for further military service because of 
unsatisfactory performance.

2.  Army Regulation 635-8 (Separation Processing and Documents)

*	Block 26 (Separation Code) to be completed for copies 2, 4, 7, and 8 only. 
Obtain the correct entry from AR 635–5–1, which provides the corresponding 
SPD code for the regulatory authority and reason for separation.  Only the 
individual being separated is entitled access to his or her SPD code.  It is not 
intended that these codes stigmatize an individual in any manner.  They are 
intended for DOD internal use in collecting data to analyze statistical reporting 
trends that may influence changes in separation policy
*	Block 27 (Reentry Code) AR 601–210 determines reentry eligibility and 
provides regulatory guidance on reentry codes.  These codes are not 
applicable to officers, USMA cadets who fail to graduate, or to RC Soldiers 
being separated for other than cause

3.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) 
covers eligibility criteria, policies, and procedures for enlistment and processing into 
the RA and the USAR. Chapter 3 of that regulation prescribes basic eligibility for 
prior service applicants for enlistment.  That chapter includes a list of Armed Forces 
RE codes, including RA RE codes.  An RE code of "3" applies to persons who have 
a waiverable disqualification.  Chapter 4 states recruiting personnel have the 
responsibility for initially determining whether an individual meets current enlistment 
criteria and are responsible for processing waivers.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170010513
	
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