IN THE CASE OF:	  

		BOARD DATE:	    24 October 2013

		DOCKET NUMBER:  AR20130003596 


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, in effect:

* an upgrade of his general discharge under honorable conditions to an honorable discharge
* amendment of his reentry eligibility (RE) code so he may be eligible to reenter military service

2.  The applicant states, in effect, his discharge for failure to maintain acceptable standards for retention under the Early Discharge Program (EDP) was the result of:

* informing on other Soldiers to the U.S. Army Criminal Investigation Command (CID) after marijuana was found in his locker
* being moved from unit to unit because he was in fear of his life
* he tried to reenter the military, but his RE code prevented him from being able to reenlist

3.  The applicant provides no additional evidence.

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 records show he enlisted in the Regular Army on 28 July 1980.

3.  On 20 January 1981, the applicant accepted nonjudicial punishment for being disorderly in quarters by willfully disobeying a lawful order from a noncommissioned officer.

4.  The specific facts and circumstances surrounding the applicant's discharge are not available for review.  However, the available evidence includes a DD Form 214 that contains the authority and reason for the applicant's discharge.

5.  On 23 October 1981, he was discharged under honorable conditions.  His DD Form 214 shows in:

* item 12c (Net Active Service this Period), he completed 1 year, 2 months,  and 26 days of creditable active service
* item 23 (Type of Separation), the entry "DISCHARGE"
* item 24 (Character of Service), the entry "UNDER HONORABLE CONDITIONS"
* item 25 (Separation Authority), the entry "PARA 5-31 AR 635-200 [ARMY REGULATION 635-200 (PERSONNEL SEPARATIONS – ENLISTED PERSONNEL), PARAGRAPH 5-31]"
* item 26 (Separation Code), the entry "JGH"
* item 27 (RE Code), the entry "RE-3"
* item 28 (Narrative Reason for Separation), the entry "FAILURE TO MAINTAIN ACCEPTABLE STANDARDS FOR RETENTION (EDP)"

6.  On 2 December 1983, the Army Discharge Review Board (ADRB) disapproved the applicant's request for an upgrade of his discharge.  The facts and circumstances surrounding his discharge were not available to the ADRB.

7.  Army Regulation 635-200 sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.

	a.  Paragraph 5-31, in effect at the time, provided that members who demonstrated they could not or would not meet acceptable standards required of enlisted personnel in the Army because of a poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential could be discharged under the EDP.  Individuals discharged under the provisions of this paragraph could be awarded an honorable or a general discharge.

	b.  Paragraph 3-7a, currently in effect, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	c.  Prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard and includes a list of RE codes.

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

		(2)  RE-2 is no longer used effective 1995.

		(3)  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.

		(4)  RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.

8.  Army Regulation 635-5-1 (Separation Program Designator (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. 
It states that SPD code JGH is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-31, by reason of "failure to maintain acceptable standards for retention."  The SPD/RE Code Cross Reference Table, dated 31 March 2003, stipulates that RE-3 will be assigned to members separated under these provisions with an SPD code of JGH.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was discharged for failure to maintain acceptable standards due to being an informant for CID and in fear of his life was carefully considered and found to lack merit.

2.  The evidence of record shows the applicant was recommended for separation under the provisions of Army Regulation 635-200, paragraph 5-31, for failure to maintain acceptable standards for retention.

3.  During the applicant's brief period of service he accepted nonjudicial punishment for disobeying a lawful order.  As a result, his record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel necessary to receive an honorable discharge.

4.  Although the applicant's records are void of the specific facts and circumstances surrounding his discharge, his records contain a DD Form 214 that identifies the reason and character of the applicant's discharge.  It is presumed that all actions taken by the military were proper.  There is nothing presented by the applicant or in the available records that overcomes this presumption.

5.  The applicant’s separation processing, to include the SPD and RE code assignments, was accomplished in accordance with the applicable regulation.  It is also presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected.  Therefore, the RE-3 code assignment was and remains valid.

6.  In view of the foregoing, there is no basis for granting the applicant's 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 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)                                         AR20130003596



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ABCMR Record of Proceedings (cont)                                         AR20130003596



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