RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 02 AUGUST 2005
DOCKET NUMBER: AR20040009140
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 |
| |Ms. Gale J. Thomas | |Analyst |
The following members, a quorum, were present:
| |Mr. William Powers | |Chairperson |
| |Mr. Robert Duecaster | |Member |
| |Ms. Jeanette McCants | |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, reconsideration of his previous
request to change his RE (reentry) code to permit him to enlist in the
Reserve. The applicant also requests that his “bad conduct” be changed to
“other than honorable” for the same reason.
2. The applicant states that the Department of Veterans Affairs has a
different RE code and separation code that makes him eligible for
enlistment in the Reserve but “St. Louis has something totally different.”
3. The applicant provides a copy of a “Veteran Identification Data” form.
CONSIDERATION OF EVIDENCE:
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
AR2003086478, on 29 January 2004.
2. The applicant makes a new argument and asks for an upgrade of his
discharge which was not previously addressed. Both his new argument and
new request require referral to the Board for consideration.
3. Army Regulation 635-200 states that dishonorable and bad conduct
discharges are “punitive” discharges and that the three “characterizations”
of service (honorable, under honorable conditions, and under other than
honorable conditions) are associated only with “administrative” discharges.
Punitive discharges will be given only pursuant to an approved sentence by
a general or special court-martial. Administrative discharges include both
voluntary and involuntary discharges outlined in the Army Regulation 635-
200.
4. Army Regulation 601-210 states that RE codes are used for
administrative purposes only. They are not considered derogatory in nature
and are simply codes used for identification of an enlistment processing
procedure.
5. Army Regulation 635-5-1 states that Separation Program Designator
codes, which the applicant refers to as “a separation reason code,” are
three-character alphabetic combinations, which identify reasons for, and
types of separation from active duty. The primary purpose of SPD codes is
to provide statistical accounting of reasons for separation. They are
intended exclusively for the internal use of Department of Defense and the
military services to assist in the collection and analysis of separation
data.
6. The Veteran Identification Data form provided by the applicant contains
the entry “OTH” as the character of the applicant’s service and a
separation reason code of “DEV.”
DISCUSSION AND CONCLUSIONS:
1. The applicant’s argument that his RE code and discharge should be
changed or upgraded because of codes reflected on his Department of
Veterans Affairs Veterans Identification Data form is without foundation.
The applicant’s RE code and his bad conduct discharge were the results of
his approved sentence by a general court-martial. Data codes utilized by
the Department of Veterans Affairs to determine eligibility for benefits
administered by that agency do not indicate any error or injustice in codes
or the discharge recorded on an individual’s separation document and do not
serve as justification to change that information.
2. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___WP__ ___RD __ ___JM __ 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 to amend the decision of
the ABCMR set forth in Docket Number AR2003086478, dated 29 January 2004,
or to upgrade his discharge.
_____William Powers________
CHAIRPERSON
INDEX
|CASE ID |AR20040009140 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050802 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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