BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130019330
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 amendment of her reentry eligibility (RE) code of "4" associated with the separation program designator (SPD) code of "JFF" (Secretarial Authority) to a code that will allow her to reenter the military.
2. The applicant states she was improperly discharged and desires to have her RE code changed to a code that will allow her to reenter the military.
3. The applicant provides a copy of the last page of her Army Discharge Review Board (ADRB) Record of Proceedings.
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 enlisted in the Regular Army on 7 November 2000 for a period of 4 years, training as an automated logistics specialist, and assignment to Korea. She completed basic training at Fort Jackson, South Carolina, and advanced individual training at Fort Lee, Virginia, before being transferred to Korea.
3. She completed her overseas tour in Korea and was transferred to Fort Stewart, Georgia. She deployed to Iraq during the period 19 January to 28 March 2003.
4. On 16 June 2004, the applicant's commander notified her that he was initiating action to discharge her from the service for misconduct under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14. He cited her wrongful use of marijuana, being absent without leave from 16 January to 19 February 2004, and missing movement as the basis for his recommendation.
5. After consulting with counsel, the applicant elected not to submit a statement in her own behalf.
6. On 20 July 2004, she was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c(2), due to misconduct. She completed 3 years, 7 months, and 10 days of active service and had 32 days of lost time. She was assigned a separation code of "JKK" (Misconduct Drug Abuse) and an RE code of "4."
7. On 4 May 2005, she applied to the ADRB for an upgrade of her discharge. The ADRB determined that the notification procedure used to inform the applicant that she was being considered for separation was improper and the ADRB voted to upgrade her discharge to fully honorable under Secretarial Authority and assigned an SPD code of "JFF." The ADRB did not change her RE code.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and procedures for separating personnel for misconduct. Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense, which includes drug offenses. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
9. Pertinent Army regulations provide that individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment processing in the Regular Army and the U.S. Army Reserve. Chapter 3 prescribed basic eligibility for prior-service applicants for enlistment and included a list of Armed Forces RE codes.
10. RE code "4" indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a non-waivable disqualification. The RE Code/SPD Code Cross Reference Table states assignment of an RE code of "4" may be directed when the assigned SPD code is "JFF," indicating separation under Secretarial Authority.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the determination of the ADRB that the applicant's discharge was improperly conducted because of procedural errors that occurred in the notification process, the applicant's misconduct clearly warranted her discharge for misconduct.
2. Although the ADRB upgraded her discharge to fully honorable, her RE code remained the same. Given the misconduct that served as the basis for her discharge, it appears that the RE code of "4" is appropriate when considering her overall record of service.
3. Accordingly, there is no error or injustice regarding her RE code and therefore no basis to grant her 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) AR20130019330
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