RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 July 2007
      DOCKET NUMBER:  AR20070001291


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, an upgrade of his reentry (RE) code.


2.  The applicant states, in effect, it has been 20 years since his
discharge and he would like to reenlist.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 11 June 1986.  The application submitted in this case is
dated
18 January 2007.

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 6 September 1984.  He was trained in and awarded
military occupational specialty (MOS) 31C (Single Channel Radio Operator),
and private first class (PFC) is the highest rank he attained while serving
on active duty.

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows he
was reduced to private/E-1 (PV1) on 9 May 1986.  It also shows that during
his active duty tenure, he earned the Army Service Ribbon.  His record
documents no acts of valor, significant achievement or service warranting
special recognition.

5.  The applicant's disciplinary history includes his accrual of 59 days of
time lost due to two separate periods of being absent without leave (AWOL)
and 1 period of confinement.  It also includes his Summary Court-Martial
(SCM) conviction on 2 May 1986.  He was found guilty of two specifications
of violating Article 86 of the Uniform Code of Military Justice (UCMJ) by
twice being AWOL; and of violating Article 121 of the UCMJ for stealing
$1,040.00.  The resultant sentence was a reduction to PV1, forfeiture of
$425.00 and confinement for 30 days.
6.  The applicant's Military Personnel Records Jacket (MPRJ) is void of a
separation packet containing the specific facts and circumstances
surrounding his separation processing.  The record does contain a properly
constituted separation document (DD Form 214) that contains the authority
and reason for the applicant's discharge.

7.  The DD Form 214 on file shows that on 11 June 1986, the applicant was
discharged under the provisions of paragraph 14-12c, Army Regulation 635-
200, by reason of misconduct - commission of a serious offense, his service
was characterized as under honorable conditions and he received a general
discharge (GD).  It also shows that based on the authority and reason for
his separation, the applicant was assigned a Separation Program Designator
Code of JBK and an RE code of RE-4/3b.  The DD Form 214 further shows that
at the time of his discharge, the applicant had completed 1 year, 7 months,
and 17 days of creditable active military service and had accrued 59 days
of time lost due to AWOL and confinement.

8.  Army Regulation 601-210 covers eligibility criteria, policies, and
procedures for enlistment and processing into the Regular Army (RA) and the
United States Army Reserve (USAR).  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 persons who have a nonwaivable disqualification.  RE-3
applies to persons who have a waivable disqualification.

9.  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 JKQ is the appropriate code to assign to
Soldiers separated under the provisions of Paragraph 14-12c, by reason of
commission of a serious offense.  The SPD/RE Code Cross Reference Table
indicates that RE-3 is the proper code to assign members separated with SPD
code JKQ.

10.  The SPD code regulation identifies the SPD code of JKB as the proper
code to assign members separated by reason of a civil conviction, and the
SPD/RE Code Cross Reference Table shows that the RE code of RE-3 is also
the proper RE code to assign members separated with a SPD code of JKB.  The
version of the table in effect at the time of the applicant's discharge
stipulated that the
RE-3b would be assigned to members who accrued time lost due to AWOL during
the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change to his RE code was carefully
considered and found to have merit.  By regulation, both the one in effect
at the time of the applicant's discharge and under the current version of
the regulation, the proper SPD code to assign members separated under the
provisions of Paragraph
14-12c, Army Regulation 635-200, by reason of misconduct-commission of a
serious offense, is JKQ and the RE code assignment is RE-3.

2.  The DD Form 214 issued to the applicant at discharge erroneously
assigned a SPD code of JKB and an RE code of RE-4/RE-3b.  Therefore, it
would be appropriate and serve the interest of equity and justice to
correct the applicant's DD Form 214 by deleting the current entry in Item
26 (Separation Code) and replacing it with the SPD code of "JKQ" and by
deleting the current entry in Item 27 (Reenlistment Code) and replacing it
with the entry "RE-3".

3.  The applicant is advised that RE-3 applies to persons who are not
considered fully qualified for reentry or continuous service; however, it
does allow for a waiver of the disqualification.  Therefore, if he desires
to reenlist, he should contact a local recruiter to determine his
eligibility.  Those individuals can best advise a former service member as
to the needs of the Army at the time, and are required to process waivers
of RE codes.

BOARD VOTE:

__KAN __  __SAP__  __EEM__  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 6 September 1986 DD Form
214 by deleting the current entry in Item 26 and replacing it with the
entry "JKQ" and deleting the current entry in Item 27 and replacing it with
the entry "RE-3"; and by providing him a correction to his separation
document that includes these changes.




                                  _____Kathleen A. Newman____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001291                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/07/10                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1986/06/11                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Misconduct-Serious Offense              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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