IN THE CASE OF:	  

		BOARD DATE:  15 October 2013

		DOCKET NUMBER:  AR20130003673 


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 to the narrative reason for her separation and/or the Reentry (RE) Code so she can reenter military service.  

2.  The applicant states she would like to reenter the U.S. Army Reserve (USAR). 

3.  The applicant provides DD Form 214 (Certificate of Release or Discharge from Active Duty). 

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 available records show she enlisted in the USAR on or about 4 May 1999.  She entered active duty for training on 1 June 1999.  

3.  The complete facts and circumstances surrounding her discharge are not available for review with this case.  However, her record contains:

	a.  Orders 035-0101, issued by Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, TX, on 4 February 2000, ordering her reassignment to the Transition Center, Fort Sam Houston, TX, for separation processing effective 4 February 2000.

	b.  A DD Form 214 that shows she was discharged on 4 February 2000 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c for misconduct in the rank/grade of PV1/E-1 with an under honorable conditions (general) discharge.  She completed 8 months and 4 days of creditable active service.  Additionally, her DD Form 214 shows in:

* item 26 (Separation Code) – JKQ
* item 27 (Reentry Code) – 3
* item 28 (Narrative Reason for Separation) – Misconduct

4.  There is no indication she petitioned the Army Discharge Review Board for a review of her discharge.

5.  Army Regulation 635-200 set forth the basic authority for the separation of enlisted personnel.  Chapter 14 established policy and prescribed procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action would be taken to separate a member for misconduct when it was clearly established that rehabilitation was impracticable or was unlikely to succeed.  A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.  

6.  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 U.S. Army Reserve.  It states that individuals would be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.  Table 3-1 includes a list of Regular Army RE codes.

* An 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
* An 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

7.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  SPD code "JKQ" is the correct code for Soldiers separating under the provisions of paragraph 14-12c of Army Regulation 635-200 by reason of misconduct – commission of a serious offense.

8.  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 that SPD code "JKQ" has a corresponding RE code "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record is void of the complete facts and circumstances that led to her discharge.  However, her DD Form 214 shows she was discharged on 4 February 2000 under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct with a general discharge.

2.  Absent evidence to the contrary, it is presumed that all requirements of law and regulation were met and her rights were fully protected throughout the separation process.  It is also presumed that her discharge was appropriate because the quality of her service does not appear to have been consistent with the Army standards of acceptable personal conduct and performance of duty by military personnel.

3.  Her RE code was assigned based on her discharge under the provisions of chapter 14 of Army Regulation 635-200 due to misconduct.  Absent the misconduct, there was no fundamental reason to process her for discharge.  The underlying reason for her discharge was her misconduct.  The only narrative reason associated with this type of discharge is "Misconduct" and appropriate Separation and RE codes associated with this type of discharge are "JKQ" and RE-3 which are correctly shown on her DD Form 214.  

4.  Her desire to again join military service is noted.  However, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if she desires to reenter the military, she should contact a local recruiter who can best advise her on her eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing reentry 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)                                         AR20130003673





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ABCMR Record of Proceedings (cont)                                         AR20130003673



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