IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20120002144 


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) to show item 27 (Reentry (RE) Code) as something other than "4."

2.  The applicant states an RE code of "4" prevents him from finding basic employment.  This code portrays his behavior as more severe than he believes it to have been.  He regrets his behavior and believes his disregard aggravated the wrong person.

3.  The applicant provides his DD Form 214 and six DA Forms 4856 (Developmental Counseling Form).

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 4 October 2010.  He completed basic training at Fort Jackson, SC.  On 10 January 2011, he was assigned to C Company, 305th Military Intelligence Battalion, Fort Huachuca, AZ, for advanced individual training (AIT).

2.  Between 11 April and 6 May 2011, he was counseled on several occasions by various members of his chain of command for failing to obey orders/regulations, displaying a severe lack of motivation, failing to report to formation on several occasions, sleeping in class, failing to turn in his course work, brandishing a knife, and damaging Government property.  

3.  On 24 May 2011, the applicant was notified by his immediate commander of his intent to process him for separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b, for a pattern of misconduct.  The unit commander stated his reasons were because the applicant failed to report to his appointed place of duty, disobeyed lawful orders, was derelict in the performance of his duties, and he damaged military property.  He further stated he was recommending the applicant be given a general discharge, under honorable conditions.

4.  On 25 May 2011, the applicant consulted with legal counsel and he was advised of the basis for the contemplated separation action, the effect on future enlistment in the Army, and of the possible effects of a general discharge.  He was also advised of the procedures and rights that were available to him.  He acknowledged he understood if he were issued a general discharge he could expect to encounter prejudice in civilian life.

5.  On 7 June 2011, his immediate commander recommended the applicant be separated under the provisions of Army Regulation 635-200, paragraph 14-12b, for a pattern of misconduct.

6.  On 7 June 2011, the senior commander recommended approval of the applicant's discharge action under the provisions of Army Regulation 635-200, paragraph 14-12b, for a pattern of misconduct and his service be characterized as general, under honorable conditions.  

7.  On 14 June 2011, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, paragraph 14-12v, for a pattern of misconduct directed the issuance of a General, Under Honorable Conditions Discharge Certificate.  On 24 June 2011, he was discharged accordingly.  

8.  The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12a, for misconduct - minor infractions, with an under honorable conditions characterization of service.  Item 26 (Separation Code) of this form contains the entry "JKN" and Item 27 the entry "4."  He completed 8 months and 21 days of creditable active service.

9.  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.  Specific categories included minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  It states, in pertinent part, 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.  Table 3-1 included a list of the Regular Army RE codes.

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

	c.  RE-4 applies to Soldiers who are not considered fully qualified for reentry or continuous services at time of separation, and the disqualification is not waivable.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The "JKN" SPD code is the correct code for Soldiers separating under Army Regulation 635-200, paragraph 14-12a, by reason of misconduct - minor infractions.  The "JKA" SPD code is the code for Soldiers separating under Army Regulation 635-200, paragraph 14-12b, by reason of a pattern of misconduct.

12.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and a corresponding RE code.  The table in effect at the time of his discharge shows the SPD code of "JKN" has a corresponding RE code of "3."  The SPD code of "JKA" also has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was approved for discharge under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of a pattern of misconduct.  "JKA" is the SPD code used for Soldiers discharged under Army Regulation 635-200, paragraph 14-12b, and "3" is the corresponding RE code.  

2.  It appears an error occurred when his DD Form 214 was prepared showing he was discharged under the provisions of Army Regulation 635-200, paragraph
14-12a, by reason of misconduct - minor infractions, with an SPD code of "JKN" and RE code of "4."  The governing regulation shows the SPD of "JKN" also has a corresponding RE code of "3."  Therefore, he is entitled to the requested relief. 

3.  In addition, it is the policy of this Board to not disadvantage an applicant by making the situation any worse off for having applied for a correction to their record.  Therefore, action will not be taken to correct his DD Form 214 to show he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of a pattern of misconduct, with an SPD code of "JKA."

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 deleting the entry in item 27 of his DD Form 214 and replacing it with the entry "3."



      __________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)                                         AR20120002144





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120002144



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1