PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 April 2001                   
	DOCKET NUMBER:   AR2001054203

	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 Amos		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Harry B. Oberg		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the reentry (RE) code of 4 on his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to RE 3 or RE 2.

3.  The applicant states that Army Discharge Review Board (ADRB) upgraded his discharge.  He needs the RE code corrected so he can enlist in the Reserves.

4.  The applicant’s military records show that he enlisted in the Regular Army on 
6 February 1997.

5.  The applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on four occasions for disobeying a lawful order and being disrespectful in language towards a noncomissioned officer (NCO); willfully disobeying a lawful order from an NCO; willfully disobeying a lawful order from an NCO; and willfully damaging furniture located in the company commander’s office of a value of more than $100.00, respectively.

6.  There is no evidence of record to show the applicant received a bar to reenlistment.

7.  The applicant was recommended for discharge under the provisions of Army Regulation 635-200, chapter 14, commission of a serious offense (the destruction of furniture).  He waived his right to consideration of his case by a board and on 10 July 1998 he was discharged with a discharge under other than honorable conditions after completing 1 year, 5 months, and 5 days of creditable active service with no lost time.  He was given a separation code (SPD) of JKQ (involuntary discharge under the provisions of Army Regulation 635-200, chapter 14, commission of a serious offense).  He was given an RE code of 4.

8.  On 14 April 2000, the ADRB found that the applicant’s misconduct was mitigated by personal and family problems and upgraded the characterization of his service to general under honorable conditions.  A new DD Form 214 was issued; his RE code was still shown as 4.

9.  In accordance with Army Regulation 635-5-1 and the SPD/RE cross-reference table, an individual who receives an SPD code of JKQ should receive an RE code of 3.

CONCLUSIONS:

1.  The Board concludes that an administrative error was made on the applicant’s DD Form 214 when he was given an RE code of 4.  He was properly given an SPD code of JKQ which should have resulted in his being given an RE code of 3.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214 be corrected to show he was given a reentry code of 3.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001054203	
SUFFIX		
RECON		
DATE BOARDED	20010405	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.