RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040011261


      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. Ronald DeNoia                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 that his Reentry code (RE) be changed to RE1.

2.  The applicant states that his RE Code 4 should be changed to RE Code 1
based on his upgraded discharge.

3.  The applicant provides a copy of his original and upgraded DD Form 214
(Certificate of Release or Discharge from Active Duty) with a separation
date of 7 June 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty 26 July 2000.  Upon completion of
basic training and advanced individual training he was awarded the military
occupational specialty (MOS) 14E (Patriot Fire Control Operator).

2.  Records show that nonjudicial punishment was imposed against the
applicant on 17 December 2001 for disobeying a lawful order, dereliction in
the performance of his duty and violation of a general regulation.

3.  Records show that on 20 March 2002 the applicant was summarily court-
martialed for two specifications of failing to go at the prescribed time to
his appointed place of duty, being disrespectful in language to a
noncommissioned officer, making a false statement with intent to deceive,
and three specifications of breaking restriction.

4.  Records show that on 17 May 2002, an administrative separation board
recommended separation with a characterization of service of under other
than honorable conditions.

5.  On 17 May 2002, the separation authority approved the board's findings
and recommendations, waived further rehabilitative efforts, and directed
that the applicant be discharged with a characterization of service of
under other than honorable conditions.

6.  On 17 June 2220, the applicant was discharged under the provisions of
chapter 14, Army Regulation 635-200 by reason of misconduct with a
characterization of under other than honorable conditions and an RE Code of
4.  At the time of separation the applicant had served 1 year, 10 months,
and 12 days of his four year enlistment.

7.  The applicant applied to the Army Discharge Review Board (ADRB) on
12 March 2003 for upgrade of his undesirable discharge.

8.  On 2 August 2004, the ADRB considered the applicant's case and found
that his characterization of service was inequitable.  The ADRB voted to
grant relief in the form of an upgrade of characterization of service to
general under honorable conditions.  However, the board noted that the
applicant, by his misconduct and poor duty performance, diminished the
quality of service below that meriting a fully honorable discharge.  The
board also determined that the reason for discharge was both proper and
equitable and voted not to change it.

9.  On 6 August 2004, the applicant was notified of the ADRB's decision and
was provided with a new copy of his DD Form 214.  This DD Form 214 shows
the applicant's character of service as "under honorable conditions
(GENERAL)", narrative reason as "MISCONDUCT" and Separation Code as "JKQ".

10.  Army Regulations 635-5 (Separation Documents) and 635-5-1 (Separation
Program Designators), in effect at the time, shows SPD code "JKQ" indicates
the narrative reason for separation as "Misconduct" and the authority for
separation is Army Regulation 635-200, chapter 14-12c.  The Cross Reference
Table of Army Regulation 635-5 shows that SPD code "JKQ" results in an RE
Code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to an RE Code 1 because his
discharge was upgraded from under other than honorable conditions to under
honorable conditions.

2.  The applicant’s administrative separation was accomplished in
accordance with applicable regulations with no evidence of any violations
of the applicant’s rights. However, he was incorrectly issued an RE Code of
4.

3.  Although the ADRB upgraded the discharge, it determined that the reason
for discharge was both proper and equitable.  Regulations provide that a
narrative reason of misconduct and an SPD code of "JKQ" result in an RE
Code of "3."
Therefore, the applicant's DD Form 214 should be corrected to show an RE
Code "3".





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __reb___  __lmb___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing a Reentry Code of 3.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correction of the applicant's DD Form 214 to show a Reentry Code of 1.



                                  Margaret K. Patterson
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011261                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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