RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 July 2005
DOCKET NUMBER: AR20040010393
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. William D. Powers | |Chairperson |
| |Mr. Larry C. Bergquist | |Member |
| |Mr. James B. Gunlicks | |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, a change to his reentry (RE) code.
2. The applicant states, in effect, that the characterization of his
discharge was upgraded from general, under honorable conditions discharge
(GD) to a fully honorable discharge (HD) by the Army Discharge Review Board
(ADRB) on
10 April 2004. However, the ADRB did not change his RE code and he was
referred to this Board to request this action. He claims that he recently
graduated from law school and is seriously considering reenlistment in the
Army. He indicates he met with a local recruiter who advised him that while
RE-3 is a bar to reenlistment, it can be easily overcome with a routine
waiver. He states his problem is that he is seeking to enter the Judge
Advocate General Corps (JAGC) and they are a good deal more selective,
accepting only about
15 percent of their applicants. Although his RE code can be overcome with
a waiver, his fear is that it presents another hurdle he will have to
overcome in the JAGC application process. He concludes by indicating that
he wishes nothing more than to serve his country in its time of need and to
atone for the indiscretions of his youthful prior service. .
3. The applicant provides a self-authored statement, ADRB action summary
and separation documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. On 15 April 2002, the applicant was separated from the Florida Army
National Guard (FLARNG) after completing 3 years, 5 months and 24 days of
his enlistment. The separation document (NGB Form 22) he was issued at the
time confirms he was separated under the provisions of paragraph 8-26e(2),
National Guard Regulation (NGR) 600-200, by reason of misconduct. It also
shows he was assigned an RE-3 code based on the authority and reason for
his separation.
2. On 28 April 2004, the ADRB determined that the applicant’s overall
record of service supported an upgrade of the characterization of his
discharge from under honorable conditions to fully honorable. However, the
ADRB concluded the reason for his separation was proper and equitable, and
it voted not to change it.
3. On 8 July 2004, the FLARNG issued the applicant a correction to his
separation document (NGB Form 22A) that amended his NGB Form 22 to show the
characterization of his service as honorable.
4. NGR 600-200 (Enlisted Personnel Management) prescribes the standards,
policies, and procedures for the management of ARNG enlisted personnel.
Chapter 8 contains the policies on separation and discharge from the ARNG.
Paragraph 8-26e(2) contains the authority for separating members for a
pattern of misconduct. The regulation stipulates that the RE-3 is the
proper code to assign members separated under this provision of the
regulation.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s request that his RE-3 code be changed to RE-1 was
carefully considered. However, the evidence of record confirms that
although the ADRB concluded the applicant’s overall record of service
supported upgrading the characterization of his service to fully honorable,
it also found the reason for his discharge was proper and equitable, and it
voted not to change it.
2. By regulation, the RE-3 code assigned the applicant was the proper code
to assign members separated under the provisions of paragraph 8-26e(2), by
reason of misconduct. This code was and remains valid based on the
authority and reason for the applicant’s separation.
3. The applicant’s desire to simplify the reenlistment and application
process in order to enter the JAGC is understood. However, this factor
alone is not sufficiently mitigating to warrant a change to his RE code.
He remains eligible to reenlist with a waiver.
4. 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
___WDP ___LCB__ ___JBG _ 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.
____William D. Powers______
CHAIRPERSON
INDEX
|CASE ID |AR20040010393 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/07/28 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2002/04/15 |
|DISCHARGE AUTHORITY |NGR 600-200 |
|DISCHARGE REASON |Misconduct |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. 04 |100.0300 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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