RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 April 2005
      DOCKET NUMBER:   AR20040004190




      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Ann M. Campbell               |     |Member               |
|     |Ms. Margaret V. Thompson          |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, an upgrade of his general, under
honorable conditions discharge (GD) and of his reentry (RE) code.

2.  The applicant states, in effect, he was a scheduled separation and was
briefed to follow up with an application to the Board to change his RE code
in order to carry on his service in the United States Air Force (USAF).

3.  The applicant provides a copy of his separation document (DD Form 214)
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army for a
period of four years and entered active duty on 12 November 1999.  He was
trained in, awarded and served in military occupational specialty (MOS) 31L
(Wire Systems Installer) and the highest rank he attained while serving on
active duty was private first class (PFC).

2.  The applicant’s record is void of a separation packet containing the
specific facts and circumstances surrounding his separation processing.
The record does include a DD Form 214 that shows he was separated with a GD
on
13 February 2003.  It further shows that he was separated under the
provisions of paragraph 14-12c, Army Regulation 635-200, by reason of
misconduct.  Based on the authority and reason for his separation, he was
assigned a Separation Program Designator (SPD) code of JKQ and an RE code
of RE-3.

3.  The applicant’s DD Form 214 also shows that he completed a total of 3
years, 3 months and 2 days of active military service and held the rank of
PFC at the time of his discharge.  The applicant authenticated the DD Form
214 with his signature in Item 21 (Signature of Member Being Separated).

4.  On 21 July 2004, the Army Discharge Review Board (ADRB), after
reviewing the applicant’s case, determined that he was properly and
equitably discharged and it voted to deny his request for an upgrade of his
discharge and for a change to the reason for his separation.

5.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
commission of a serious offense, convictions by civil authorities,
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impracticable or is unlikely to succeed.

6.  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.  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 RE
codes, including RA RE codes.  RE-3 applies to persons not qualified for
continued Army service, but the disqualification is waivable.

7.  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.  It states, in
pertinent part, that the SPD code of JKQ is the appropriate code to assign
to soldiers separated under the provisions of paragraph 14-12c, Army
Regulation 635-200, by reason of misconduct.  The SPD/RE Code Cross
Reference Table included in the regulation establishes RE-3 as the proper
code to assign members separated with this SPD code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his discharged was scheduled and his
request for a change to his RE code in order to serve in the USAF were
carefully considered.  However, there is insufficient to support granting
this requested relief.

2.  The applicant’s record is void of facts and circumstances concerning
the events that led to his discharge from the Army.  However, the record
does contain a properly constituted DD Form 214 that was authenticated by
the applicant with his signature.  This document identifies the reason and
characterization of the discharge and the corresponding SPD and RE code
assignments, and it carries with it a presumption of Government regularity
in the discharge process.


3.  Lacking evidence to the contrary, it is presumed that all requirements
of law and regulation were met and the rights of the applicant were
protected throughout the separation process.

4.  The RE-3 code assigned the applicant at separation was and remains
valid based on the authority and reason for his discharge.  Thus, there is
an insufficient evidentiary basis to change it at this time.  However,
while the
RE-3 code does apply to persons who are not considered fully qualified for
reentry or continuous service, Army regulations provide provisions for
waivers of the disqualifications.  If the applicant desires to serve in the
USAF, it is recommended he contact a USAF recruiter to determine if his
disqualification can be waived for entry into that branch of service.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___AMC_  ___MVT _  ___JEV _  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.




            ____James E. Vick_______
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004190                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/14                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |2003/02/13                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Misconduct                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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