| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Ms. Mae M. Bullock | Member | |
| Mr. John T. Meixell | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his dishonorable discharge be upgraded and that his Reentry (RE) Code of "4" be changed to a more favorable code.
2. The applicant states the he understood the severity of his charges and accepted full responsibility for his actions. He was initially charged with a false official statement, conspiracy, and wrongful possession of marijuana that led to his additional charges. At the time of the incident he lost credibility with his command which was clear to him during a battalion formation when he was addressed about the incident. He had just arrived to the command and had made a gross error. He was already involved in a personal turmoil that dealt with family matters and now his career was ending. At that time, his life was overwhelming with fear, bitterness, and hopelessness due to his years of service and character. He has always displayed respect and loyalty to the officers and noncommissioned officers (NCOs) appointed over him and has given 100 percent of his ability.
3. He also states that for his conduct, he is deeply remorseful toward his commanders and fellow soldiers who where impacted by his actions. He is now tainted as a criminal and has made many accomplishments as a civilian. He is now asking that his discharge be upgraded in order to enlist in the Army National Guard. He would now like to reestablish his credibility, honor, and loyalty to his country. He has had one very bad year out of 13 years and he should be given a chance to redeem.
4. The applicant provides no documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records show he entered active duty on 12 April 1984, as an aircraft structural repairer. He continued to serve through a series of continuous reenlistments.
2. He was promoted to the pay grade of staff sergeant (SSG/E-6) with an effective date and date of rank (DOR) of 1 April 1994.
3. In accordance with his pleas he was found guilty by a general court-martial on 6 May 1997, of conspiring with another to wrongfully possess marijuana, signing a false official document, wrongful possession of marijuana, wrongfully communicating a threat to another service member on two occasions, absent without leave (AWOL) on two occasions, escape from custody, and of
breaking restriction. His sentence consisted of a forfeiture of all pay and allowances, reduction to the pay grade E-1, confinement for 5 years, and a dishonorable discharge. His sentence was approved on 21 October 1997. His forfeiture of pay and allowances was waived on 27 May 1997, effective 6 May until 5 November 1997, with the direction that such funds be paid to his spouse.
4. On 27 August 1998, the Army Court of Criminal Appeals affirmed the findings and sentence as approved by the convening authority.
5. On 19 July 2002, the applicant was discharged from the Army pursuant to the sentence of a general court-martial and was issued a dishonorable discharge. He was issued an RE Code of RE "4."
6. Item 27 (REENTRY CODE) of the applicant's DD Form 214 shows the entry "4."
7. The applicant applied to the Army Discharge Review Board (ADRB) on 9 April 2003. However, his case was ineligible for review by the ADRB due to his conviction by a general court-martial. This Board accepted his application (DD Form 293 [Application For the Review of Discharge or Dismissal from the Armed Forces of the United States]) in lieu of a DD Form 149 (Application for Correction of Military Record).
8. Title 10, U. S. Code, section 1552(f) states that, with respect to records of courts-martial tried or reviewed under the Uniform Code of Military Justice, the Board's action may extend only to action on the sentence of a court-martial for purposes of clemency.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-10 of that regulation provides that a soldier will be given a dishonorable discharge pursuant only to an approved sentence of a general court-martial, after completion of appellate review and after such affirmed sentence has been duly executed.
| CASE ID | AR2003091324 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20040226 |
| TYPE OF DISCHARGE | DD |
| DATE OF DISCHARGE | 20020719 |
| DISCHARGE AUTHORITY | AR 635-200, Chapter 3, SEC IV |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 360 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090012521
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, although he was 18 years old at the time of his enlistment, he successfully completed training, served for more than 2 years, and was nearly 20 years of age at the time he committed the offenses that led to his GCM and BCD. As a result, absent any evidence of error or injustice related to the...
ARMY | BCMR | CY2006 | 20060000604C070205
The applicant's DD Form 214 shows that he was discharged as a result of court-martial on 1 October 1982, under the provisions of Army Regulation 635-200 (Personnel Separations), with the separation code JJD and the Reentry code 3. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. As a result, the Board further determined that there is no evidence provided which shows that it would be in...
ARMY | BCMR | CY2010 | 20100021948
The applicant requests an upgrade of his bad conduct discharge and a change to his reentry eligibility (RE) code of "4." The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 3, as a result of court-martial with a bad conduct characterization of service. However, there is no evidence that indicates he was any less mature than other Soldiers of the same age...
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.
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 | 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 | 20080014647
On 4 October 1999, the convening authority approved the sentence except for that portion of the sentence extending to a dishonorable discharge and ordered it executed, but the execution of that part of the sentence adjudging confinement in excess of 12 months was suspended for 12 months at which time, unless the suspension was sooner vacated, the suspended part of the sentence would be remitted without further action. In accordance with Title 10, U.S. Code, section 1552, the authority under...
ARMY | BCMR | CY2008 | 20080039330
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that the SPD code JJD is the appropriate code to assign to Soldiers separated under the provisions of Chapter 3, Army Regulation 635-200, by reason of court-martial. 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.
ARMY | BCMR | CY2010 | 20100009479
The applicant requests his reentry (RE) code of 4 be upgraded to a more favorable code so he may reenter military service. Army Regulation 635-200 states, in pertinent part, 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. The applicant was assigned the appropriate SPD and RE codes and he has provided no evidence that shows this codes are in error or unjust.
ARMY | BCMR | CY2009 | 20090011704
The applicant requests, in effect, that his bad conduct discharge (BCD) be upgraded to a general discharge (GD) under honorable conditions and that his Reentry Eligibility (RE) code be changed to either an RE code of 2 or 3. It states, in pertinent part, that the SPD code of JJD is the appropriate code to assign to Soldiers separating under the provisions of chapter 3, section IV, Army Regulation 635-200, by reason of court martial. Further, the evidence of record confirms the applicant...