IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110016665 


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 an upgrade of his reentry (RE) code.  

2.  The applicant states as a result of the traumatic event of his wife cheating on him and having another Soldier’s baby, he was suffering from symptoms consistent with a Post Traumatic Stress Disorder (PTSD) which caused his substance abuse and absent without leave (AWOL) offenses.  He claims prior to these events he was a good Soldier and needs a change in his RE code in order to receive benefits and to reenlist in the Army Reserve or National Guard. 

3.  The applicant provides no documentary evidence in support of his 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 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 record shows the applicant enlisted in the Regular Army on 18 October 1989, and was trained in and awarded military occupational specialty (MOS) 76C (Equipment Records and Parts Specialist).  It shows he was promoted to specialist/E-4 on 1 January 1991, and that this is the highest rank he attained while serving on active duty.  His record documents no acts of valor or significant achievement.  

3.  The applicant’s disciplinary history shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 26 February 1992 for being AWOL from 12 January through 1 February 1992.  The record also contains a sworn statement from the battalion Adjutant that indicates on 28 January 1992 he was approached by the applicant who stated he had been AWOL for over two weeks and wanted to turn himself in.  The applicant also indicated to the Adjutant that he was on drugs and was an alcoholic.  

4.  The record contains a SF 88 (Record of Medical Examination), dated 22 April 1992, that documents the applicant’s separation medical examination.  The clinical evaluation portion of this record shows the applicant received a normal psychiatric evaluation.  The physician examining the applicant determined the applicant was in good health and was qualified for retention/separation.  There is no indication the applicant was suffering from a physical or mental condition that would have supported his separation processing through medical channels.  

5.  On 8 June 1992, the unit commander notified the applicant of the intent to initiate action to separate him under the provisions of paragraph 14-12c, Army Regulation 635-200 (Personnel Separations), by reason of commission of a serious offense.  The commander cited the applicant missing movement to Korea and being AWOL for over two weeks.  The commander recommended the applicant receive a general, under honorable conditions discharge (GD).  

6.  On 8 June 1992, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action and its effects and of the rights available to him.  Subsequent to receiving this counseling, the applicant completed an election of rights in which he voluntarily waived his right to consideration of his case by an administrative separation board contingent on receiving a characterization of service no less favorable to under honorable conditions.  

7.  On 16 June 1992, the separation authority approved the applicant’s discharge under the provisions of paragraph 14-12c and directed the applicant receive a GD.  On 24 June 1992, the applicant was discharged accordingly.  

8.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows he completed 2 years, 7 months, and 17 days of creditable active military service and had accrued 20 days of time lost due to AWOL.  Item 25 (Separation Authority) contains the entry “AR 635-200 Para 14-12c.”  Item 26 (Separation Code) contains the Separation Program Designator (SPD) code “JKQ” and item 27 (Reentry Code) contains the entry “RE-3.”  

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  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.  RE-3 applies to persons who have a waivable disqualification.  Chapter 4 states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers.  

10.  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.  Both the version of the regulation in effect at the time and the current version of the regulation provide for assigning the SPD code JKQ to Soldiers separated under the provisions of paragraph 14-12c, Army Regulation 635-200 by reason of misconduct, commission of a serious offense.  The Department of the Army SPD/RE Code Cross Reference Table in effect at the time and the current version stipulate that RE code 3 is the proper code to assign members who are separated for misconduct, commission of serious offense under the provisions of Army Regulation 635-200 and who are assigned an SPD code of JKQ. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his RE code because he was suffering from PTSD type symptoms at the time of his discharge has been carefully considered.  However, the record contains a SF 88 confirming the applicant had a normal psychiatric clinical evaluation, was in good health, and was qualified for retention/separation at the time of his discharge processing.  There is no evidence he was suffering from a physically or mentally disqualifying condition that would have supported his separation processing through medical channels at the time of his discharge processing. 

2.  The applicant's record shows his separation processing was accomplished in accordance with the applicable regulation and under the terms of his own conditional waiver of rights.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  By regulation, the RE code assigned is based on the SPD code assigned as a result of the authority and reason for separation and RE-3 was the proper code to assign the applicant based on the authority and reason for his separation.  As a result, the RE-3 code was and remains valid.  

4.  The applicant is advised that RE code 3 indicates a waviable disqualification.  Therefore, if he desires to reenlist he should contact local recruiting officials who are required to process RE code waivers.  

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)                                         AR20110016665



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ABCMR Record of Proceedings (cont)                                         AR20110016665



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