RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2008
	DOCKET NUMBER:  AR20070018462 


	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.


x
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 general under honorable conditions discharge be upgraded to honorable.  He also requests that his Reentry (RE) code be changed from RE-3 and RE-3C to a more favorable RE code.  

2.  The applicant states that he served 3 years and 11 months of a 4-year enlistment.  He states that he did not get along with his First Sergeant and he did not contest the discharge at that time.  

3.  The applicant provides copies of documents from his military record to include his DD Form 214 (Certificate of Release or Discharge from Active Duty); his DD Form 215 (Correction to DD Form 215); his DA Form 2-1 (Personnel Qualification Record - Part II); his Report of Medical Examination, dated 17 February 1983; and his Mental Status Evaluation Report, dated 10 November 1987.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s complete military records are not available to the Board.  However, he has provided sufficient documents from his military record for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 10 February 1984.  He completed basic training and advanced individual training and was awarded military occupational specialty 61B (water craft operator).  He was advanced to private first class (PFC) on 10 February 1985.

4.  His DA Form 2-1 shows he was reduced from PFC to private, E-2 on 21 April 1986 and was reduced from private, E-2 to private, E-1 on 6 February 1987.  His Personnel Qualification Record also shows he was advanced back to private, E-2 on 1 May 1987.

5.  The applicant’s discharge packet is not available.  However, his DD Form 214 shows he was released from active duty on 8 January 1988 under the provisions of Army Regulation 635-200, chapter 13 by reason of unsatisfactory performance with issuance of a general under honorable conditions discharge.  He completed 3 years, 10 months, and 29 days of active military service.

6.  His DD Form 214 shows he was discharged in pay grade E-2 and was issued RE codes of RE-3 and RE-3C and a Separation Program Designator (SPD) code of "JHJ" (Unsatisfactory Performance).

7.  The applicant was issued a DD Form 215, dated 2 May 1988, which amended the type of discharge from release from active duty to discharge.

8.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13 of this regulation, in effect at the time, provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.

9.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

10.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the separation program designator “JHJ” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Unsatisfactory Performance” and that the authority for discharge under this separation program designator is “AR 635-200, Chapter 13."
11.  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.  

12.  Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), in effect, at the time, established RE code 3 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, Chapter 13 for unsatisfactory performance.

13.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

14.  RE-3C applied to persons separated from their last period of service who did not meet the reentry grade and service criteria of Army Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of the applicant's administrative separation packet under the provisions of Army Regulation 635-200, chapter 13, it is presumed the proceedings were conducted in accordance with law and regulations applicable at the time.

2.  Although the applicant's discharge packet is not available, it is presumed the separation authority appropriately directed issuance of a general under honorable conditions discharge based on his overall record.

3.  There is no record of nonjudicial punishment available; however, the applicant’s Personnel Qualification Record shows he was reduced from PFC to private, E-2 and from private, E-2 to private, E-1.  

4.  The applicant’s DD Form 214 shows he was assigned RE codes of RE-3 and RE-3C in accordance with regulations in effect at the time.  The RE codes reflect that the applicant was not eligible for reenlistment without a waiver because he was discharged under the provisions of Army Regulation 635-200, chapter 13 and he did not meet the reentry grade and service criteria.

5.  The applicant's statements were noted.  However, he has provided no evidence which shows the character of service or RE codes issued to him were in error or unjust.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x______ x_____x____  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.



x_________
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.