RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 February 2007
      DOCKET NUMBER:  AR20060010144


      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. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. David K. Hassenritter         |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, that the Separation Program
Designator  (SPD) code entered in Item 28 (Separation Code) of his
Separation Document (DD Form 214) be corrected.

2.  The applicant states, in effect, he was separated by reason of a
pattern of misconduct, which should have resulted in his being assigned an
SPD code of JKK; however, he was incorrectly assigned an SPD code of JKA.


3.  The applicant provides separation packet documents, his DD Form 214 and
a REDD Response data sheet in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 1 December 2003.  He was trained in, awarded, and
served in military occupational specialty (MOS) 92R (Parachute Rigger), and
the highest rank he attained while serving on active duty was specialist
(SPC).

2.  The applicant's disciplinary history includes his acceptance of non-
judicial punishment (NJP) under the provisions of Article 15 of the Uniform
Code of Military Justice (UCMJ) on the following two separate occasions for
the offenses indicated:  22 January 2003, for multiple violations of
Article 121 (Larceny) of the UCMJ and 5 February 2003, for multiple
violations of Article 86 (Failure to Repair (FTR)) of the UCMJ.  The 5
February 2003 NJP action resulted in his reduction to private first class
(PFC).

3.  The unit commander notified the applicant that he was initiating action
to separate him under the provisions of Paragraph 14-12b, Army Regulation
635-200, by reason of a pattern of misconduct.  He cited the applicant’s
NJP record for larceny and FTR, and his record of negative counseling as
the basis for taking the action.

4.  On 17 October 2003, the applicant acknowledged receipt of the
separation action notification, and he completed a statement confirming he
had been afforded the opportunity to consult with counsel and had declined
this opportunity.  He also elected not to submit statements in his own
behalf.

5.  On 22 October 2003, the separation authority approved the applicant's
separation action and directed that he be separated under the provisions of
Paragraph 14-12b, Army Regulation 635-200, by reason of a pattern of
misconduct, and that he receive a general, under honorable conditions
discharge (GD).

6.  On 1 December 2003, the applicant was separated with a GD after
completing a total of 2 years, 8 months, and 19 days of active military
service.  The DD Form 214 he was issued shows that he was separated under
the provisions of Paragraph 14-12b, Army Regulation 635-200, by reason of
Misconduct, and that he was assigned an SPD code of JKA and a reentry (RE)
code of 3.

7.  The applicant provides a REDD Response data sheet pertaining to him
that was prepared on 27 December 2005, which indicates his SPD code is JKK.


8.  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 JKA was the appropriate code to assign
to Soldiers separated under the provisions of Paragraph 14-12b, Army
Regulation 635-200, by reason of pattern of misconduct.  It further shows
that the SPD code of JKK applies to Soldiers separated under the provisions
of Paragraph 14-12c(2), by reason of drug abuse.  The SPD/RE Code Cross
Reference Table indicates that RE-3 is the proper code to assign members
receiving a JKA SPD code, but that RE-4 is the proper code to assign
members receiving a JKK SPD code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the SPD code entered in item 28 of his
DD Form 214 is in error was carefully considered.  However, there is
insufficient evidence to support this claim.

2.  By regulation, the SPD code of JKA is the proper code to assign members
separated under the provisions of Paragraph 14-12b, Army Regulation 635-
200, by reason of a pattern of misconduct.  The evidence of record confirms
the applicant was separated under this provision of the regulation and that
he was properly assigned the SPD code of JKA and the RE code of 3.  As a
result, his SPD code and RE code assignments as documented on his DD Form
214 are correct based on the authority and reason for his separation.

3.  Notwithstanding the REDD data sheet he provided, the applicant is
advised that the SPD code of JKK is applicable only to those members who
are separated by reason of drug abuse, under the provisions of Paragraph 14-
12c(2), Army Regulation 635-200, and requires assignment of an RE-4 code,
which would be less favorable to the applicant.

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

___JCR     __DKH __  __RDG__  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.




                                  _____Jeffrey C. Redmann____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010144                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/08                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |2003/12/01                              |
|DISCHARGE AUTHORITY     |AR 635-200 Para 14-12b.                 |
|DISCHARGE REASON        |Pattern of Misconduct.                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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