IN THE CASE OF:
BOARD DATE: 5 January 2010
DOCKET NUMBER: AR20090013306
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 reconsideration of his earlier request to upgrade his reentry (RE) code to a 3 or better and to change his separation program designator (SPD) code from JKQ to something else.
2. The applicant states that he was administratively discharged under honorable conditions with an RE 3. The Army Discharge Review Board (ADRB) determined his discharge was improper and directed an upgrade to honorable but changed his RE code to 4. The applicant also contends that his SPD code JKQ should be changed to something else since there is no evidence showing he used drugs.
3. The applicant provides, in support of his application, a copy of the ADRB proceedings, dated 27 September 2007; and copies of both his original and corrected DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080018935 on 23 April 2009.
2. On 11 May 2001, the applicant was administratively discharged under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct. He subsequently received a DD Form 214 showing his characterization of service as under honorable conditions. He also was given a separation program designator (SPD) code of JKQ with an RE code 3.
3. On 21 September 2007, the ADRB reviewed the applicant's request for an upgrade of his discharge. The ADRB determined that the discharge was improper. The ADRB recommended that the applicant's characterization be changed to honorable; that the SPD be changed to JKK (misconduct drug abuse); and that the RE code be changed to 4. The approval authority only approved that part of the recommendation that pertained to changing his characterization to honorable and his RE code to 4.
4. The applicant was subsequently issued a DD Form 214 that added in Item 18 (Remarks): "Characterization of service upgraded on 27 September 2007 following application dated 2 February 2007." Item 27 (Reentry Code) was changed from 3 to 4. No other changes were made.
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. The SPD code of JKQ is the appropriate code for the narrative reason misconduct (serious offense). Additionally, the SPD/RE Code Cross Reference Table establishes RE Code 3 as the proper RE code to assign to Soldiers for this reason.
6. On 23 April 2009, this Board considered the applicant's request to change his RE code so that he could reenlist in the U.S. Army. At that time, the Board determined that the applicant had been discharged for the commission of a serious offense by abusing illegal drugs. It concluded [incorrectly] that the applicant's DD Form 214 showed his SPD as JKK and RE Code as 4; and that this was correct based on the facts of the case. Only the RE code change from
3 to 4 had been made to the applicant's DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code should be changed to match the characterization and reason for his discharge. He also contends that his SPD code indicates drug use and should be changed.
2. The evidence clearly shows that the applicant was originally discharged with a characterization of under honorable conditions; with an RE Code 3, and with an SPD of JKQ, for misconduct (serious offense). The ADRB subsequently upgraded his characterization to honorable, but did not change the narrative reason or authority. The ADRB did change the RE Code from 3 to 4; however, the RE Code 4 is incompatible with SPD JKQ.
3. The SPD code JKQ does not indicate misconduct due to drug use. It is the correct SPD code in this case and should not be changed.
4. In view of the above, and as a matter of equity, the applicant's DD Form 214 should be changed to show his RE code as 3.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20080018935, dated 23 April 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his RE Code to 3.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his SPD Code of JKQ.
_______ _ 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) AR20090013306
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ABCMR Record of Proceedings (cont) AR20090013306
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