IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100013966
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 that his reentry (RE) code be changed.
2. The applicant states his father decided to leave his mother after 27 years of marriage with no warning, no income, and no support. He did what he could to support his family while on active duty but could not do that much. So he decided to depart absent without leave (AWOL). He knows this is no excuse, but would like the opportunity to again be a part of the military. He adds that since his discharge he has not been in any trouble and has worked as a firefighter and emergency technician for two hospitals.
3. The applicant does not provide any additional documentation.
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 military records show that he enlisted in the Regular Army on 14 July 2004 and was awarded the military occupational specialty of infantryman.
3. The applicant departed AWOL on 13 June 2005 and remained absent until he surrendered to military authorities on 4 November 2005.
4. On 28 November 2005, the applicant's commander notified him of his intent to recommend his discharge due to misconduct based upon his AWOL and of his rights in conjunction with that recommendation.
5. The applicant waived his rights with the exception to consulting counsel.
6. The applicant's commander then forwarded a recommendation to discharge the applicant for misconduct and that recommendation was approved by the appropriate authority.
7. Accordingly, the applicant was given a general discharge on 5 December 2005 due to misconduct, commission of a serious offense under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 14-12c. The
DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was assigned a Separation Code of "JKQ" and an RE code of RE-3.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 14-12c applies to the separation of individuals who committed a serious military or civil offense, if the specific circumstance of the offense warrant separation and a punitive discharge would be authorized for the same or a closely related offense under the manual for courts-martial. An absentee returned to military control from an AWOL or desertion status may be separated for commission of a serious offense.
9. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), table 3-6, lists the various RE codes and describes the reason(s) a soldier is assigned a particular code. The code of RE-1 is assigned to individuals who complete an initial term of active service and who were fully qualified to
reenlist when last separated. The code of RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
10. The SPD/RE Code Cross Reference Table directs that the Separation Code "JKQ" be assigned the RE code RE-3.
DISCUSSION AND CONCLUSIONS:
1. The applicant now states his father left his mother and he went AWOL to provide assistance to her. However, the time to bring up matters of mitigation was while he was on active duty, not at this late date.
2. If the applicant had informed his commander that he was having a hardship situation and brought evidence to support his contention, in all likelihood he would have been able to complete his enlistment.
3. But since the applicant did not bring up any matters of mitigation when he returned from being AWOL and he did not contest being discharged as evidenced by his waiving his rights, he was properly discharged and assigned an RE-3 code.
4. While the applicant's desire to serve his country again is commendable, it is insufficient to warrant changing a properly-assigned RE code.
5. In view of the foregoing, there is no basis for granting the applicants request.
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
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) AR20100013966
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100013966
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140019087
Counsel requests the following: * reinstatement of the applicant in the U.S. Army in pay grade E-2 effective 28 December 2007 * immediate promotion to pay grade E-3 * full back pay and allowances from the date of separation to the present * in the alternative, counsel requests the following: * an upgrade of the applicant's general discharge to an honorable discharge * a change to the following items of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item...
ARMY | BCMR | CY2009 | 20090003581
The applicant states the Army Discharge Review Board (ADRB) determined that his characterization of service was too harsh and upgraded his discharge. The ADRB granted the applicant's request for an upgrade of his characterization of service but did not change either his reason for separation or RE code. Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time.
ARMY | DRB | CY2013 | AR20130005487
He completed 5 years, 3 months, and 24 days of active duty service. The evidence contained in the applicants service record shows that on 21 November 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct, commission of a serious offense for being AWOL 17 September 2005 through 10 February 2006. On 23 January 2007, the separation authority approved the recommendation of...
ARMY | BCMR | CY2014 | 20140016265
Her commander notified her that action was being initiated to discharge her for the commission of a serious offense under the provisions of paragraph 14-12c (1) of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) with an under other than honorable conditions character of service. Throughout basic training she occasionally contacted her mother to see how her was son doing and her mother told her numerous times that she was stressed and that she didn't know how much...
ARMY | BCMR | CY2014 | 20140004171
The applicant states: a. The applicant's former chain of command informed the applicant of the required classes after the packet was returned but he went AWOL on 27 June 2011 and processing of his separation packet ceased. The commander stated he was recommending he receive a general discharge.
ARMY | DRB | CY2013 | AR20130002467
The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable, to change the narrative reason for his discharge, and to reenlist. On 20 April 2012, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 293 (Application for the Review of Discharge or Dismissal from the...
ARMY | BCMR | CY2011 | 20110005222
Army Regulation 635-200 further states 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. The evidence of record confirms the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct. ____________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | DRB | CY2013 | AR20130003930
Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 12 August 2005 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter 14, paragraph 14-12c, JKQ, RE-4 e. Unit of assignment: PCF Spec Proc Co, Fort Knox, KY f. Current Enlistment Date/Term: 12 March 2003, 3 years g. Current Enlistment Service: 2 years, 0 months, 5 days h. Total Service: 2 years, 0 months, 5 days i. On 10 August 2005, the separation authority waived further rehabilitation and...
ARMY | BCMR | CY2012 | 20120005797
On 27 April 2005, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12c, by reason of misconduct commission of a serious offense. Army policy states that a discharge under other than honorable conditions is normally considered appropriate for a Soldier discharged for patterns of misconduct; however, the discharge authority may direct...
ARMY | DRB | CY2009 | AR20090020715
Applicant Name: ????? c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records, and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade:...