RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 October 2005
      DOCKET NUMBER:  AR20050003122


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 correction of Item 25 (Separation Authority),
Item 26 (Separation Code) and Item 27 (Reentry Code) of his 21 June 1994
separation document (DD Form 214).

2.  The applicant states, in effect, that during a job interview with a law
enforcement agency, he discovered that the Separation Program Designator
(SPD) code entered in Item 26 of his DD Form 214 was in error.  The SPD
code he was assigned (JKK) indicates he was discharged for drug abuse, when
in fact he was separated for forgery.

3.  The applicant provides a DD Form 214 and self-authored letter in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 June 1994.  The application submitted in this case is
dated
2 February 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 10 October 1990.  He was trained in, awarded and
served in military occupational specialty (MOS) 71L (Administrative
Specialist) and the highest rank he attained while serving on active duty
was specialist (SPC)/pay grade of E-4.

4.  On 18 May 2004, the commander notified the applicant that he was
initiating action to separate him under the provisions of paragraph 14-12c,

Army Regulation 635-200, by reason of misconduct (forgery and wrongful
appropriation of government property).

5.  On 20 May 1994, the applicant consulted with legal counsel and was
advised of the basis for the contemplated separation action, its effects,
of the rights available to him, and of the effect of waiver of those
rights.   Subsequent to this counseling, the applicant voluntarily waived
consideration of his case by an administrative separation board contingent
upon receiving a general, under honorable conditions discharge (GD).

6.  On 2 June 1994, the separation authority approved the applicant’s
separation under the provisions of paragraph 14-12c, Army Regulation 635-
200, and directed he receive a GD.   On 21 June 1994, the applicant was
separated accordingly.

7.  The DD Form 214 issued to the applicant upon his separation confirms he
completed 3 years, 8 months, and 12 days of active military service, and
that he held the rank of SPC/pay grade E-4.  The separation document also
shows he was assigned a SPD code of JKK and a corresponding RE code of RE-
4.

8.  On 4 April 1997, 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.

9.  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.  Paragraph 14-12c pertains to a
general commission of a serious offense.  Paragraph 14-12c (2) pertains
specifically to a commission of a serious offense that is drug related.

10.  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-4 applies to members permanently
disqualified from further service.  RE-3 applies to persons not qualified
for continued Army service, but the disqualification is waivable.

11.  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 JKK is appropriate code to assign to
soldiers separated under the provisions of paragraph 14-12c (2), Army
Regulation 635-200, by reason of misconduct (commission of a serious
offense-drug related).  The SPD/RE Code Cross Reference Table included in
the regulation establishes RE-4 as the proper code to assign members
separated with this SPD code JKK.

12.  The SPD code regulation identifies the SPD code JKQ as the appropriate
code to assign members separated under the provisions of paragraph 14-12c,
Army Regulation 635-200 (commission of a serious offense).  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 JKQ.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the SPD and RE codes he was assigned
were not appropriate based on the authority and reason for his separation
was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant’s commander recommended
his separation under the provisions of paragraph 14-12c (commission of a
serious offense) based on the offenses of forgery and wrongful
appropriation of government property, and that the separation authority
approved his separation under these provisions.  By regulation, the
appropriate SPD and RE codes to assign members separated under this
provision of the regulation are JKQ and RE-3.

3.  The separation document issued to the applicant erroneously listed the
authority for his separation as paragraph 14-12c (2) (commission of a
serious offense-drug related) and assigned him an RE-4 code in error.
Therefore, it would be appropriate to correct his DD Form 214 to show the
authority for his separation was paragraph 14-12c and that he was assigned
a corresponding SPD code of JKQ and RE code of RE-3.
BOARD VOTE:

___CG__  __RTD___  __LVB__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending his 21 June 1994 DD Form 214
as follows:

      a.  Item 25 - delete the current entry and replace with the entry “AR
635-200, Paragraph 14-12c”;

      b.  Item 26 - delete the current entry and replace with the entry
"JKQ";

      c.  Item 27 – delete the current entry and replace with the entry "RE-
3”; and

      d.  by providing him a correction to his DD Form 214 that reflects
these changes.




                            ____Curtis Greenway______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003122                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/06                              |
|TYPE OF DISCHARGE       |, GD                                    |
|DATE OF DISCHARGE       |1994/06/21                              |
|DISCHARGE AUTHORITY     |AR635-200 Chp 14-12c                    |
|DISCHARGE REASON        |Misconduct                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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