RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 March 2007
DOCKET NUMBER: AR20060013993
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. John T. Meixell
Member
Mr. Roland S. Venable
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 character of service be changed to general or honorable and the narrative reason for separation be changed to medical.
2. The applicant states that he was injured on active duty and needs medical care.
3. The applicant provides a copy of his medical records for the period from
10 December 2004 through 15 August 2005.
CONSIDERATION OF EVIDENCE:
1. On 28 September 2004, the applicant enlisted in the Regular Army and was subsequently discharged on 26 April 2006. He had completed 1 year, 7 months and 19 days of creditable active duty.
2. The applicant's Certificate of Release or Discharge from Active Duty (DD Form 214) indicates that he was discharged under the provisions of Army Regulation 635-200, chapter 14, for misconduct (serious offense). His character of service is shown as under other than honorable conditions. He was given a separation program designator (SPD) code JKQ and a reentry (RE) code 3.
3. The administrative discharge packet is not available for review.
4. 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.
5. Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. RE 3 applies to persons separated from their last period of service with a waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
6. 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. The SPD code of JKQ was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, Chapter 14, misconduct (serious offense). Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 3 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for his discharge. While the applicants desire to obtain additional medical treatment based on his military service is understood, there are no provisions authorizing the change of a character of service or narrative reason for separation for this purpose.
2. 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.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JTM___ __LDS__ __RSV __ 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.
__ Linda D. Simmons____
CHAIRPERSON
INDEX
CASE ID
AR20060013993
SUFFIX
RECON
DATE BOARDED
20070322
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
AR 635-200 CH 14. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
144.6000
2.
3.
4.
5.
6.
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