RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 March 2006
      DOCKET NUMBER:  AR20050010899


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas H. Reichler            |     |Member               |
|     |Mr. Scott W. Faught               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his separation code (in effect, his
narrative reason for separation) and his reentry (RE) code be changed.

2.  The applicant states he believes the record to be in error or unjust
because he served honorably and worked hard and was a very professional
Soldier.  He was very dedicated to his job and would like another chance to
serve his country.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted the Regular Army on 3 January 2001.  He
completed basic training and advanced individual training and was awarded
military occupational specialty 19K (M1 Armor Crewman).

2.  On 20 December 2001, the applicant accepted nonjudicial punishment
(NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for
disobeying a lawful order from a noncommissioned officer.

3.  On 2 July 2003, the applicant accepted NJP under Article 15, UCMJ for,
with intent to defraud, changing a date on a DD Form 689 (Individual Sick
Slip) by adding a certain date thereto which, if genuine, would falsely put
him on medical quarters.

4.  Between March 2002 and April 2003, the applicant was counseled numerous
times for infractions of discipline to include failing to maintain a point
of contact for alert purposes, being late to formation, and, mostly, for
indebtedness (including one bad check to a used car agency for $3,000).

5.  On 1 October 2003, the applicant’s commander recommended the applicant
be separated under the provisions of Army Regulation 635-200, chapter 14
for misconduct and cited the applicant's two Article 15s and patterns of
lesser misconduct.  The commander recommended the applicant receive a
general discharge.

6.  On 1 October 2003, the applicant was advised by consulting counsel of
the basis for the contemplated separation action.  He elected not to submit
a statement on his behalf.

7.  On 12 November 2003, the appropriate authority approved the
recommendation and directed the applicant receive a general discharge.

8.  On 22 December 2003, the applicant was discharged, with a general
discharge, in pay grade E-3, under the provisions of Army Regulation 635-
200, chapter 14, for misconduct.  He had completed 2 years, 11 months, and
20 days of creditable active service and had no lost time.  He was given a
separation code of JKA (narrative reason "Pattern of Misconduct" and
regulatory authority Army Regulation 635-200, paragraph 14-12b.)

9.  The Separation Designator Code (SPD)/RE Code Cross Reference Table
states that when the SPD is JKA then RE code 3 will be given.

10.  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, convictions by civil authorities,
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impracticable or is unlikely to succeed and an unfit medical condition is
not the direct or substantial contributing cause of his misconduct.  A
discharge under other than honorable conditions is 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.

11.  Army Regulation 635-200 states an honorable discharge is a separation
with honor.  The honorable characterization is appropriate when the quality
of the Soldier’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.
 Where there have been infractions of discipline, the extent thereof should
be considered, as well as the seriousness of the offense(s).  It is the
pattern of behavior and not the isolated instance which should be
considered the governing factor in determination of character of service to
be awarded.  A general discharge is a separation from the Army under
honorable conditions.  It is issued to a Soldier whose military record is
satisfactory but not sufficiently meritorious to warrant an honorable
discharge.

12.  Army Regulation 635-200 also states that the quality of service of a
Soldier is affected adversely by conduct that is of a nature to bring
discredit on the Army
or is prejudicial to good order and discipline, regardless of whether the
conduct is subject to UCMJ jurisdiction.  Characterization may be based on
conduct in the civilian community.

13.  Pertinent Army regulations provide that prior to discharge or release
from active duty individuals will be assigned RE codes based on their
service records or the reason for discharge.  Army Regulation 601-210
covers eligibility criteria, policies and procedures for enlistment and
processing into the Regular Army (RA) and the U.S. Army Reserve.  Chapter 3
of that regulation prescribes basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
codes, including RA RE codes.

14.  RE code 3 applies to persons not qualified for continued Army service,
but the disqualification is waivable.

15.  Recruiting personnel have the responsibility for initially determining
whether an individual meets current enlistment criteria.  They are required
to process a request for waiver under the provisions of chapter 4, Army
Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in
compliance with regulations applicable at the time with the appropriate
characterization of service.  The narrative reason for separation was
appropriate given the numerous acts of misconduct committed by the
applicant in both the military and civilian communities.  Given that the
narrative reason for his separation was appropriate, he was properly given
an RE code of 3.

2.  An RE code of 3 indicates a waivable enlistment disqualification.
Since enlistment criteria change, and since an individual has the right to
apply for a waiver, the applicant should periodically visit his local
recruiting station to determine if he should apply for a waiver.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __thr___  __swf___  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.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010899                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060307                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |20031222                                |
|DISCHARGE AUTHORITY     |AR 635-200, ch 14                       |
|DISCHARGE REASON        |A64.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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