| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Ms. Yolanda Maldonado | Member | |
| Mr. Lester Echols | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his Reentry (RE) Code of RE "4" and Separation Program Designator (SPD) Code of "JJD" be changed to allow him to reenlist.
2. The applicant states that his RE and SPD Codes prevent him from reenlisting and must be changed.
3. The applicant provides no documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted on 17 June 1980, as a food service specialist. He continued to serve through a series of continuous reenlistments.
2. He was convicted by a special court-martial on 19 July 1993 of larceny, wrongful appropriation of funds, and false swearing. His sentence consisted of a forfeiture of pay, reduction to the pay grade of E-1, confinement at hard labor for 3 months, and a bad conduct discharge.
3. On 5 December 1994, the Court of Military Review affirmed the findings and sentence of the special court-martial conviction as approved by the convening authority.
4. On 28 December 1994, the applicant was discharged from the Army pursuant to the sentence of a special court-martial and was issued a Bad Conduct Discharge Certificate. He had served 14 years, 4 months, and 1 day of creditable service and 71 days of lost time due to confinement. He was issued an RE Code of RE "4" and an SPD Code of "JJD."
5. The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 5 September 2002. The ADRB upgraded his discharge to general on 20 December 2002, with no change in his RE or SPD Code.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-11 of that regulation provides that 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 duly executed.
7. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of Armed Forces reentry codes, including RA RE codes.
8. RE–4 applies to persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualification such as misconduct, court-martial.
9. Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons. The regulation shows that the SPD of “JJD” as shown on the applicant’s DD Form 214 is appropriate for involuntary discharge when the narrative reason for discharge is “Court Martial.”
10. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of Military Records (ABCMR) should commence on the date of final action by the ADRB. In complying with this decision, the ABCMR has adopted the broader policy of calculating the 3-year time limit from the date of exhaustion in any case where a lower level administrative remedy is utilized.
DISCUSSION AND CONCLUSIONS:
1. The date of application to the ABCMR is within 3 years of the decision of the ADRB; therefore, the applicant has timely filed.
2. The applicant was discharged under the provisions of Army Regulation 635-200, chapter 3, due to court-martial with a bad conduct discharge. He was issued an SPD Code of "JJD" with a corresponding RE Code of "4." He applied to the ADRB for an upgrade of his discharge that was upgraded to general. However, the ADRB did not change the applicant's RE or SPD Code.
3. The applicant was separated and assigned an RE and SPD Code in accordance with regulations. The applicant has also failed to show, through the evidence submitted with his application or the evidence of record, that the RE Code of RE"4" and SPD Code of "JJD" issued to him was incorrect.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ao___ ___ym___ __le_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___Arthur A. Omartian___
CHAIRPERSON
| CASE ID | AR2003088358 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20040127 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 19941228 |
| DISCHARGE AUTHORITY | AR 635-200 chapter 3/BCD |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 4 |
| 2. | 1021 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | DRB | CY2013 | AR20130010978
IN THE CASE OF: Mr. BOARD DATE: 5 March 2014 CASE NUMBER: AR20130010978 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicants record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board found no cause for clemency and voted to deny relief. The record shows that on 3 September 2009, the applicant was found guilty...
ARMY | BCMR | CY2011 | 20110024697
The applicant previously submitted a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) to the Army Discharge Review Board (ADRB) requesting an upgrade of his discharge and a change to his RE code. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Records show that RE code 4 establishing the applicant's ineligibility for...
ARMY | BCMR | CY2008 | 20080012075
IN THE CASE OF: BOARD DATE: 7 October 2008 DOCKET NUMBER: AR20080012075 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In accordance with Title 10, United States Code, Section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to change a discharge due to matters which should have been raised in the appellate process, rather it is only empowered to change the severity of the sentence imposed in the court-martial process and...
ARMY | BCMR | CY2007 | 20070008709
x The Board considered the following evidence: Exhibit A - Application for correction of military records. AR 635-200 provides the basic authority for the separation of enlisted personnel. The SPD/RE Code Cross Reference Table, dated October 1999, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.
ARMY | BCMR | CY2006 | 20060011010
The applicants request for correction of his separation code of JJD is a new issue that will be considered by the Board. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. Pertinent Army regulations provide that, prior to discharge or release from active duty, individuals will be assigned RE...
ARMY | BCMR | CY2010 | 20100008484
Records show the applicant enlisted in the Regular Army (RA) on 19 June 2000 and was discharged on 27 December 2006 under the provisions of Army Regulation 635-200, chapter 3, with a bad conduct discharge. Records show on 7 February 2008, the applicant requested that the Army Discharge Review Board (ADRB) upgrade his discharge, change his narrative reason for separation, and his RE code. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals...
ARMY | BCMR | CY2008 | 20080005979
The applicant requests, in effect, a change in his Reentry Code (RE Code) from "4" to a "3" in order for him to enlist. It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply. The evidence of record shows the applicant was discharged under the provisions of Army Regulation 635-200, chapter 3, for court-martial, and was issued a bad conduct discharge.
ARMY | BCMR | CY2006 | 20060012762
Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge. There is no evidence in the applicant's records, and the applicant has provided no evidence, to show that his discharge was unjust.
ARMY | BCMR | CY2008 | 20080010214
His records do not show any significant acts of valor during his military service. The applicant was discharged from the Army on 4 May 1995. The Separation Code of JJD and the RE code of 4 were the appropriate codes for the applicant based on the guidance provided in applicable regulation for Soldiers being discharged under the provisions of chapter 3 of AR 635-200.
ARMY | BCMR | CY2008 | 20080010503
On 4 March 1997, the Army Discharge Review Board (ADRB) granted the applicant clemency and upgraded her bad conduct discharge to a GD. The regulation in effect at the time of the applicant's discharge directed that "Chapter 3, Army Regulation 635-200, court-martial, other" would be entered as the narrative reason with a corresponding SPD code of JJD. A separation code of JJD applied to persons who were separated under the provisions of chapter 3 of Army Regulation 635-200.