IN THE CASE OF:  
	  

		BOARD DATE:  1 September 2015	  

		DOCKET NUMBER:  AR20140021236 


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 an upgrade of his general discharge to honorable and amendment of his reentry eligibility (RE) code and narrative reason for separation.

2.  The applicant states:

	a.  His discharge is incorrect and unjust.  Throughout his time in the military he never had any disciplinary actions.  He was not perfect, but he was a role model for a lot of Soldiers.

	b.  He was going through a divorce and his ex-wife disappeared with his children.  He informed the sergeant of the rear detachment about the issue and that he had a court date in Florida and needed to get his paperwork ready for leave.  His unit was getting ready to deploy and he completed training and the deployment process.  Things got out of control and the sergeant told him he really didn't care about what was going on with him and his family because he (the sergeant) was getting out of the Army.  The sergeant never brought his issues to the first sergeant or higher.  He attempted to use the command open door policy but nothing worked.

	c.  He wants his discharge upgraded so he can make a career in the military.

	d.  He went to Florida for his court dates and tried to make everything alright so he wouldn't lose his children.  He was wrong and there is no excuse for his actions, but he would appreciate consideration.

	e.  He was never a bad Soldier.  He was a great person with a lot of potential.  What happened to him was not fair.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 10 November 2009 for a period of 4 years and 22 weeks.  He completed his training and was awarded military occupational specialty 88M (motor transport operator).  He served in Afghanistan from 9 October 2010 to 7 February 2011.

2.  His records show he was absent without leave (AWOL) from 23 April 2012 to 17 August 2012.  He was apprehended by civil authorities and returned to military control.

3.  His records are void of the specific facts and circumstances surrounding his discharge action.  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under honorable conditions (general) on 4 October 2012 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 
14-12c(1), for misconduct (AWOL).  He completed a total of 2 years and 7 months of creditable active service with 117 days of lost time.

4.  His DD Form 214 shows in:

* item 25 (Separation Authority) – Army Regulation 635-200, paragraph 
14-12c(1)
* item 26 (Separation Code) – JKD
* item 27 (Reentry Code) – 3
* item 28 (Narrative Reason for Separation) – Misconduct (AWOL)

5.  On 12 August 2013, the Army Discharge Review Board denied his request for an honorable discharge.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty.

	a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense.  The issuance of a discharge under other than honorable conditions is normally considered appropriate.

	b.  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.

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 provides a list of RE codes.

	a.  RE code 1 applies to persons completing their terms of active service who are considered qualified to reenter the U.S. Army.

	b.  RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

8.  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 JKD applies to Soldiers discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(1), for being AWOL.

9.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows Soldiers assigned an SPD code of JKD will be assigned an RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, in the absence of evidence to the contrary, it must be presumed that his separation processing was administratively correct and in conformance with applicable regulations.  Without the discharge packet to consider, it is presumed the authority and reason for his discharge were commensurate with his overall record of service.

2.  Since a discharge under other than honorable conditions is normally considered appropriate based on the authority and reason for his discharge, the fact that he was issued a general discharge under honorable conditions indicates his command considered his entire record service and the circumstances leading to his misconduct.

3.  His narrative reason for separation and associated SPD code were administratively correct and in conformance with applicable regulations at the time of his discharge.

4.  The evidence of record confirms his RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, paragraph 
14-12c(1).  The RE code associated with this type of discharge is 3.  His RE code was administratively correct and in conformance with applicable regulations at the time of his discharge.

5.  RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  The applicant is advised to contact a local recruiting office if he desires future military service.  The local recruiting office can advise him on the current needs of the military services and request the appropriate waiver.

6.  In view of the foregoing evidence, there is an insufficient basis for granting the 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 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)                                         AR20140021236





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ABCMR Record of Proceedings (cont)                                         AR20140021236



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