IN THE CASE OF:	  

		BOARD DATE:	         29 October 2009

		DOCKET NUMBER:  AR20090008412 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 February 2003.

2. The applicant states, in effect, that the below special additional information was omitted on his DD Form 214:

	a.  item 23 (Type of Separation);

	b.  item 24 (Character of Service);

	c.  item 25 (Separation Authority);

	d.  item 26 (Separation Code);

	e.  item 27 (Reentry Code);

	f.  item 28 (Narrative Reason for Separation); and

	g.  item 29 (Dates of Time Lost During this Period).

3.  The applicant provides his DD Form 214.




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 Official Military Personnel File (OMPF) provided to the Board contains his DD Form 214 with information missing in items 23 through 29.  However, there are sufficient documents in his record for the Board to conduct a fair and impartial review of this case.  In addition, the applicant's chapter 14 proceedings, DA Form 2-1 (Personnel Qualification Record), and separation orders were available.

3.  The applicant enlisted in the Regular Army on 19 November 1999 for a 4-year term of service.

4.  On 24 January 2003, the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c for commission of a serious offense.  

5.  On 12 February 2003, the appropriate authority approved the elimination packet and directed the applicant receive a general under honorable conditions discharge under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c for commission of a serious offense.  On 25 February 2003, the applicant was discharged from the service, in pay grade E-1, after completing 
3 years, 3 months, and 7 days of creditable active service with no days of lost time.

6.  The applicant's DD Form 214 for the period ending 25 February 2003 does not show entries in item 23 through item 29.  



7.  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.  Paragraph 14-12c states that Soldiers are subject to separation for commission of a serious offense.   

8.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized preparation of the DD Form 214. 
For item 23 it states enter the appropriate term which, in the applicant's case, is "discharge."  For item 24 it states enter the character of service which, in the applicant's case, is "under honorable conditions (general)."  For item 25 it states enter the regulatory authority authorizing the separation.  For item 26 it states enter the correct entry from Army Regulation 635–5–1.  For item 27 it states Army Regulation 601-210 determines Regular Army and U.S. Army Reserve reentry (RE) eligibility and provides regulatory guidance on the RE codes.  For item 28 it states the entry is based on the regulatory or other authority and can be checked against the cross reference in Army Regulation 635-5-1.  For item 
29 it states, in effect, to enter any lost time.

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.  The SPD code of JKQ was the appropriate code for Soldiers separating under the provisions of paragraph 
14-12c, Army Regulation 635-200, by reason of Misconduct (Serious Offense).  Additionally, the SPD/RE Code Cross Reference Table establishes RE-3 as the proper reentry code to assign to Soldiers separated with an SPD of JKQ.  

DISCUSSION AND CONCLUSIONS:

1.  For an unknown reason, the special additional information for items 
23 through 29 were erroneously omitted from the applicant's DD Form 214.  Evidence of record shows the appropriate authority approved the applicant's administrative discharge under the provisions of Army Regulation 635-200, chapter 14 for misconduct (serious offense).  

2.  Therefore, the applicant's DD Form 214 for the period ending 25 February 2003 should be amended to show in item 23 "Discharge," to show in item 
24 "Under Honorable Conditions (General)," to show in item 25 "Army Regulation 635-200, Chapter 14, Paragraph 14-12c," to show in item 26 "JKQ," to show in item 27 "3," to show in item 28 "Misconduct (Serious Offense)," and to show in item 29 "None."


BOARD VOTE:

____X___  ___X____  ___X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

		a.  amending item 23 of his DD Form 214 to show "Discharge";

		b.  amending item 24 of his DD Form 214 to show "Under Honorable Conditions (General)";

		c.  amending item 25 of his DD Form 214 to show "Army Regulation 635-200, Chapter 14, Paragraph 14-12c";

		d.  amending item 26 of his DD Form 214 to show "JKQ";

		e.  amending item 27 of his DD Form 214 to show "3";

		f.  amending item 28 of his DD Form 214 to show "Misconduct (Serious Offense)"; and 

		g.  amending item 29 of his DD Form 214 to show "None."




      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090008762



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ABCMR Record of Proceedings (cont)                                         AR20090008412



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