RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 November 2007
DOCKET NUMBER: AR20070006581
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
Ms. Jeanne Marie Rowan
Analyst
The following members, a quorum, were present:
Mr. Eric Andersen
Chairperson
Mr. Donald Lewy
Member
Ms. Rea Nuppenau
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 (RE) code be upgraded on his NGB Form 22.
2. The applicant states, in pertinent part, that at the time of his discharge the code was justified; however, he now wishes to serve his county in the U. S. Coast Guard.
3. The applicant does not provide any supporting documents with this application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows that he enlisted in the U.S. Army National Guard (ARNG) on 24 July 2000. He was ordered to active duty in support of Operation Iraqi Freedom on 1 October 2003. He was separated from active duty, and discharged from the ARNG and as a Reserve of the Army on 16 January 2004. The applicant's characterization of service as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) was under honorable conditions (General).
3. The applicant's electronic records do not show the applicant was issued a NGB Form 22 (Report of Separation).
4. The applicant's electronic records show he was issued a DD Form 214 with a separation date of 16 January 2004. He authenticated this DD Form 214 in his own hand. This DD Form 214 shows that he was credited with 3 months and 2 days of active federal service during this period of mobilization. This same DD Form 214 shows he had 4 years of prior active service, and his net inactive service period was 3 years and 3 months. Item 25 shows the separation authority as paragraph 14-12c of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). Item 26 lists his separation code as "JKQ" and item 27 shows his RE code as "3."
5. Army Regulation 635-200 identifies a Chapter 14 discharge as a separation for acts or patterns of misconduct. Paragraph 14-12c states, in pertinent part, that separation under this paragraph is for commission of serious military or civil offense, if the specific circumstance of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial.
6. Army Regulation 635-5-1 (Separation Program Designator) prescribes the specific authorities, reasons for separating Soldiers from active duty and the Separation Program Designator (SPD) codes to be entered on the DD Form 214. This regulation states, in pertinent part, that SPD code JKQ will be used for enlisted Soldiers separating under Chapter 14, paragraph 14-12c, Army Regulation 635-200. The narrative reason cited in the Army Regulation for this specific code is "Misconduct (Serious Offense)." The RE code "3" is used with the SPD code JKQ.
7. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) defines RE codes. The regulation states, in pertinent part, that
RE code "3" applies to a person who is not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was discharged for commission of a serious military or civil offense, which warranted separation and a punitive discharge. Therefore, the RE code as specified in Army Regulation 635-5-1 and listed on his DD Form 214 is correct.
2. Although the Army Board for Correction of Military Records has denied a change in his reentry eligibility code, this does not mean that the applicant has been completely denied the opportunity to reenlist or enlist in a sister service. Recruiting personnel have the responsibility for initially determining whether an individual meets the current enlistment criteria. Therefore, since the enlistment criteria do change, and since the applicant has the right to apply for a waiver, it is suggested that he periodically visit his local recruiting station to determine if he should apply for a waiver.
3. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___EA __ ___DL___ __RN ___ 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.
_____ Eric Andersen________
CHAIRPERSON
INDEX
CASE ID
AR20070006581
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071120
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.0300
2.
3.
4.
5.
6.
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