| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Kenneth W. Lapin | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That the separation code on his report of separation (DD Form 214) be corrected to reflect the true nature of his discharge.
APPLICANT STATES: In effect, that his DD Form 214 incorrectly reflects a separation code of “JKK”, which is a code used to reflect “Drug abuse rehabilitation failure.” He further states that he was separated for “Misconduct-Commission of a Serious Offense” and has never been to a drug rehabilitation program. He further states that he has attempted to reenlist and was informed that he could not because of the code he received. In support of his application he submits a page listing various separation codes.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 12 December 1977 for a period of 3 years and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-7 on 1 March 1989.
On 3 May 1989, while attending the Advanced Noncommissioned Officer Course (ANCOC) at Fort Devens, Massachusetts, the applicant’s commander notified him that action was being initiated to separate him from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct based on his commission of a serious offense. She cited as the basis for her recommendation that the applicant had been dismissed from the ANCOC for plagiarizing the work of a former student.
After consulting with counsel, the applicant submitted a request for a conditional waiver in which he agreed to voluntarily waive his right to consideration of his case by an administrative separation board, contingent upon his receiving a characterization of no less than under honorable conditions. He also indicated that he was aware of the prejudice he could expect to encounter with such a discharge and that he would be ineligible to apply for enlistment for a period of 2 years after discharge.
The appropriate authority approved his request for a conditional waiver and directed that he be discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct due to commission of a serious offense.
Accordingly, he was discharged under honorable conditions on 1 June 1989, under the provisions of Army Regulation 635-200, paragraph 14-12c for Misconduct – Commission of a Serious Offense. He was issued a separation code of “JKK” and a Reenlistment Code of “3.” He had served 11 years, 5 months and 20 days of total active service.
Army Regulation 635-5-1 prescribes the separation codes that are to be assigned to members separating from active military service based on specific separation authorities. The regulation, in effect at the time, provided that a separation code of “JKK” would be issued for all enlisted involuntary separations directed under Army Regulation 635-200, paragraphs 14-12a, b, or c. That regulation also shows that separations under Army Regulation 635-200, chapter 9, for drug abuse rehabilitation failure would be issued a separation code of “JPC” (replacing the formerly used code of “JKK”).
Army Regulation 635-5-1, currently in effect, provides that separations issued under Army Regulation 635-200, paragraph 14-12c, will be issued a separation code of “JKQ.” It also provides that a separation code of “JPD” will be issued to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, chapter 9, due to alcohol rehabilitation failure.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.
3. The applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct due to commission of a serious offense and was properly issued a separation code of “JKK” in accordance with the applicable regulations in effect at the time.
4. The applicant’s contentions have been noted by the Board; however, his contention is not supported by the evidence of record and he has failed to show through the evidence submitted or the evidence of record that he was issued the wrong separation and RE code at the time of his separation.
5. While the Board understands the applicant’s concerns, it is incumbent upon recruiting personnel to make an assessment of separation codes based on the regulations in effect at the time and the proper separation authority used in the separation. The separation authority provided by the applicant is not the separation authority used for his separation, nor was the code (JKK) applicable to that authority at the time of his separation.
6. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__kwl ___ ___dh___ ___ao___ DENY APPLICATION
| CASE ID | AR2002073241 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/09/24 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.0000/CORR SEP CODE |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090004948
The DD Form 214 issued to the applicant upon his discharge shows he was separated under the provisions of paragraph 14-12c (2), Army Regulation 635-200 (Personnel Separations Enlisted Separations), by reason of misconduct-abuse of illegal drugs. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. However, the regulation in effect at the time of his...
ARMY | BCMR | CY2013 | 20130002618
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his narrative reason of separation, "Misconduct Abuse of Illegal Drugs," to "something more accurate." Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time, stated that SPD code "JKH" (Misconduct Commission of a Serious Offense) was the proper SPD code for separations under the provisions of Army Regulation 635-200, paragraph 14-12c. As a...
ARMY | BCMR | CY2005 | 20050003122C070206
The applicant requests correction of Item 25 (Separation Authority), Item 26 (Separation Code) and Item 27 (Reentry Code) of his 21 June 1994 separation document (DD Form 214). 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. The evidence of record confirms the applicant’s commander recommended his separation under the provisions of paragraph...
ARMY | BCMR | CY2012 | 20120021130
On 17 November 1989, the commanding general/separation authority approved the conditional waiver and ordered the applicant discharged from the Army under the provisions of chapter 14-12c of Army Regulation 635-200 by reason of misconduct - abuse of illegal drugs with the issuance of an under honorable conditions discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued confirms she was discharged for misconduct under the provisions of chapter 14, Army...
ARMY | BCMR | CY2006 | 20060011602
On that same day, the applicant's commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c, for misconduct-commission of a serious offence, prior to his ETS date. The applicant's separation code of "JKK" is consistent with the basis for his separation and the RE Code applied to his DD Form 214 is consistent with the separation code; therefore, the applicant is not entitled to a change of his separation code or...
ARMY | BCMR | CY2005 | 20050006221C070206
The applicant states that she was not given the chance to rehabilitate in accordance with Army Regulation 635-200, chapter 1, paragraphs 1-15 and 1-16; chapter 3, paragraphs 3-1, 3-4, 3-7, 3-11 and 3-12; and chapter 4, paragraphs 4-1, 4-2, 4-7, 4-8 and 4-10. Pertinent Army regulations provide that, prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. There is no evidence of record which shows the...
ARMY | BCMR | CY2013 | 20130001570
On 17 June 1993, she was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of "Misconduct/Abuse of Illegal Drugs," with a general discharge. The available evidence shows a CID investigation found the applicant wrongfully possessed and distributed methamphetamine to a CID source. Her overall service record does not warrant an upgrade of her general discharge to an honorable discharge.
ARMY | BCMR | CY2006 | 20060012155
In an email, dated 2 November 2006, the applicant states, in effect, that his command never imposed nonjudicial punishment upon him for his offense of marijuana use (a single offense); therefore, the appropriate actions of correcting his misconduct and allowing him a chance for rehabilitation were not taken. The regulation states the reason for discharge based on separation code JKK is Misconduct and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2). However, the...
ARMY | BCMR | CY2006 | 20060012016
Item 18 on the applicants DD Form 214 for the period ending 4 August 2006 shows he served in Afghanistan from 31 July 2003 to 1 April 2004. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty. The regulation states the reason for discharge based on separation code JKK is Misconduct (Drug Abuse) and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2).
ARMY | DRB | CY2009 | AR20090005968
Facts and Circumstances: The evidence of record shows that on 5 September 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for wrongful use of cocaine, with an under other than honorable conditions discharge. The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "3," however, the separation...