IN THE CASE OF:
BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130015641
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 a change in his reentry eligibility (RE) code to 1 and a change to his narrative reason for separation.
2. The applicant states he was discharged for a driving while intoxicated (DWI) charge which was dismissed in civilian court.
3. His application indicates he provided a Cumberland Country Magistrate disposition paper; however, this document is not available. He provides a letter, dated 16 August 2013, from a Member of Congress.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 3 January 2003 for a period of 4 years. He completed his training and was awarded military occupational specialty 92R (parachute rigger). He remained on active duty through continuous reenlistments. He was promoted to staff sergeant on 1 August 2009.
2. On 16 June 2012, he was arrested for DWI in Fayetteville, NC.
3. On 4 September 2012, he was notified of his pending separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, paragraph 14-12c, for misconduct - commission of a serious offense. His unit commander cited his arrest for DWI.
4. On 23 October 2012, he consulted with counsel and waived consideration of his case by an administrative separation board contingent upon receiving an honorable discharge.
5. A separation board convened on 21 December 2012 and found the applicant committed the offense of DWI. The board recommended he be separated from the Army with an honorable discharge. On 24 January 2013, the separation authority approved the findings and recommendation of the administrative separation board and directed the issuance of an honorable discharge.
6. On 2 April 2013, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, with an honorable discharge by reason of misconduct. He completed 10 years and 3 months of creditable active service.
7. His DD Form 214 shows:
* item 25 (Separation Authority) Army Regulation 635-200, paragraph 14-12c
* item 26 (Separation Code) JKQ
* item 27 (Reentry Code) 3
* item 28 (Narrative Reason for Separation) Misconduct (Serious Offense)
8. 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 include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.
9. Army Regulation 635-200 states individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.
10. 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. Table 3-1 includes a list of RE codes.
a. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
b. RE-3 applies persons who are not considered fully qualified for reentry or continuous service at the time of separation but disqualification is waivable.
11. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. SPD Code JKQ applies to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c by reason of misconduct (serious offense).
12. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD code of JKQ will be assigned an RE code of 3.
DISCUSSION AND CONCLUSIONS:
The applicant's RE code and narrative reason for separation were administratively correct and in conformance with applicable regulations at the time of his separation. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130015641
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