Applicant Name:  ?????

Application Receipt Date: 2009/07/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states,"Separtion (sic) code does not match current RED REPORT. Re-enlistment code was supposed to have been changed on my DD214 when I ETS from the army on Aug 30 2004. (RED Report is correct code).  When separtion occurred there was NO misconduct, there was NO article 15, NO reprimands. Nothing that would support current code on DD214. Current RED Report has RE1, My dd214 that reads wrong has a RE3
I am respectfully requesting at this time the re-entry code be changed on DD214, to RE1 from a RE3
I am also respectfully requesting this action be expidited (sic).  Thank you."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 040715
Discharge Received: 			   Date: 040830   Chapter: 14 Section II       AR: 635-200
Reason: Misconduct 	   RE:     SPD: JKB   Unit/Location: 129th AG Co (Postal), Fort Bragg, NC 

Time Lost: Confinement/Civil Authorities for 52 days (040610-040731).

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 021021    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 11Mos, 19Days ?????
Total Service:  		05 Yrs, 03Mos, 01Days ?????
Previous Discharges: 	RA-990408-021020/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42L1P Administrative Spec   GT: 95   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Edina, MO 
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 July 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-5, AR 635-200, by reason of misconduct—conviction by civil court, for indecent liberties with a child, with a general, under honorable conditions discharge.
       
         He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 22 July 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a CID Report of Investigation, dated 10 February 2003. 

       b.  Legal Basis for Separation:  
       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, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general under honorable conditions or an honorable discharge may be granted.   

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  Because of the civil court conviction, the applicant diminished the quality of his service below that meriting a fully honorable discharge.
       
         The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance.  
       
       The analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-5, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Civil Conviction)," the separation code is "JKB," and the reentry code is "RE 3."  
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. 
       
       The applicant contends there was no misconduct, Article 15 or reprimands, nothing to support the current reentry eligibility (RE) code on the DD Form 214.  However, the evidence of record shows that the applicant was discharged under the provisions of Chapter 14, paragraph 14-5, AR 635-200, by reason of misconduct-civil conviction for indecent liberties with a child, which constituted an act of misconduct.
       
       Further, the applicant claims that the reentry eligibility (RE) code on the RED Report is correct.  The applicant's contentions was carefully considered; however, the analyst is unable to determine whether his contention has merit because he did not provide any evidence to substantiate the validity of the reentry eligibility (RE) code .  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”   
       
       Therefore, the analyst determined that the reason for discharge, the characterization of service to include the reentry eligibility (RE) code were both proper and equitable and recommends to the Board to deny relief.
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted DD Form 149, dated (090712), and DD Form 214, dated (040830).

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090011941
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