IN THE CASE OF:	   

		BOARD DATE:	  20 October 2015

		DOCKET NUMBER:  AR20150003409 


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 the reentry eligibility (RE) code and narrative reason for separation shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* his current DD Form 214 shows his RE code as "NA [not applicable]"
* he needs the code changed to reflect the proper RE code

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the Regular Army, the applicant was commissioned as a second lieutenant in the Regular Army on 4 December 2008.

2.  On 19 March 2009, he received a general officer memorandum of reprimand (GOMOR) for his conduct – fleeing the scene of an accident which was later 
re-titled as reckless driving – on 14 February 2009

3.  He was promoted to first lieutenant on 4 June 2010.

4.  On 7 September 2011, he received a GOMOR for driving while intoxicated on 8 May 2011.

5.  On 12 January 2012, he was notified of initiation of elimination proceedings under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 4-2b, by reason of his intentional omissions or misstatement of fact in official statements or records for acts of personal misconduct and conduct unbecoming an officer.

6.  He was directed to show cause for retention in the Army for being arrested for fleeing the scene of an accident, which was later re-titled as reckless driving.

7.  The Ad Hoc Review Board found the applicant committed an act of personal misconduct by reason of his intentional omission of fact in official statements or records for acts of personal misconduct and conduct unbecoming an officer.  The Ad Hoc Review Board recommended acceptance of the applicant's elimination with the issuance of a general discharge.

8.  On 24 April 2012, the Deputy Assistant Secretary of the Army (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant's discharge with a characterization of service of general under honorable conditions.

9.  On 9 May 2012, he was discharged under the provisions of Army Regulation 600-8-24, paragraph 4-2b, for unacceptable conduct.  He completed a total of 6 years and 25 days of creditable active service.  His service was characterized as under honorable conditions (general).

10.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

* item 25 (Separation Authority) – Army Regulation 600-8-24, 
paragraph 4-2b
* item 26 (Separation Code) – JNC
* item 27 (Reentry Code) – NA
* item 28 (Narrative Reason for Separation) – Unacceptable Conduct

11.  In October 2012, the Army Discharge Review Board denied his request for a discharge upgrade.

12.  Army Regulation 600-8-24 sets forth the basic authority for officer transfers and discharges.

	a.  Chapter 4 outlines the policies and procedures for eliminating an officer from the Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security.

	b.  An officer will normally receive an honorable characterization of service when the quality of the officer's service has met the standards of acceptable conduct and performance of duty or the final revocation of a security clearance under Department of Defense Directive (DODD) 5200.2-R and Army Regulation 380-67 (Personnel Security Program) for reasons that do not involve acts of misconduct.

	c.  An officer will normally receive an under honorable conditions characterization of service when the officer's military record is satisfactory, but not sufficiently meritorious to warrant an honorable discharge.  A separation under honorable conditions will normally be appropriate when an officer:  (1) submits an unqualified resignation or a request for release from active duty under circumstances involving misconduct; (2) is separated based on misconduct, including misconduct for which punishment was imposed, which renders the officer unsuitable for further service, unless a separation under other than honorable conditions is appropriate; (3) is discharged for physical disability resulting from intentional misconduct or willful neglect, or which was incurred during a period of unauthorized absence; or (4) is discharged for the final revocation of a security clearance under DODD 5200.2-R and Army Regulation 380-67 as a result of an act or acts of misconduct, including misconduct for which punishment was imposed, unless a discharge under other than honorable conditions is appropriate.

13.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA, USAR, and Army National Guard.  Paragraph 3-14(3) states Regular Army officers do not have a statutory entitlement to reenlist.

14.  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 JNC applies to officers involuntarily discharged for unacceptable conduct.

15.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, states RE codes are not applicable to officers.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's record of commissioned service included two GOMORs for serious offenses.  He knowingly violated the trust and confidence placed in him as a commissioned officer by these acts of misconduct.  As a result, his service did not meet the standards of acceptable conduct and performance of duty.

2.  His administrative discharge proceedings were conducted in accordance with the law and regulations in effect at the time with no indication of any violations of any of his rights.

3.  Since Regular Army officers do not have statutory entitlement to reenlist and RE codes are not applicable to officers, the entry in item 27 of the applicant's DD Form 214 is correct.

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

5.  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)                                         AR20150003409



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ABCMR Record of Proceedings (cont)                                         AR20150003409



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