MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 September 2002
	DOCKET NUMBER:   AR2002073241

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

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That the separation code on his report of separation (DD Form 214) be corrected to reflect the true nature of his discharge.

APPLICANT STATES:  In effect, that his DD Form 214 incorrectly reflects a separation code of “JKK”, which is a code used to reflect “Drug abuse rehabilitation failure.”  He further states that he was separated for “Misconduct-Commission of a Serious Offense” and has never been to a drug rehabilitation program.  He further states that he has attempted to reenlist and was informed that he could not because of the code he received.  In support of his application he submits a page listing various separation codes.  

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted on 12 December 1977 for a period of 3 years and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 1 March 1989. 

On 3 May 1989, while attending the Advanced Noncommissioned Officer Course (ANCOC) at Fort Devens, Massachusetts, the applicant’s commander notified him that action was being initiated to separate him from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct based on his commission of a serious offense.  She cited as the basis for her recommendation that the applicant had been dismissed from the ANCOC for plagiarizing the work of a former student.

After consulting with counsel, the applicant submitted a request for a conditional waiver in which he agreed to voluntarily waive his right to consideration of his case by an administrative separation board, contingent upon his receiving a characterization of no less than under honorable conditions.  He also indicated that he was aware of the prejudice he could expect to encounter with such a discharge and that he would be ineligible to apply for enlistment for a period of 2 years after discharge. 

The appropriate authority approved his request for a conditional waiver and directed that he be discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct due to commission of a serious offense.

Accordingly, he was discharged under honorable conditions on 1 June 1989, under the provisions of Army Regulation 635-200, paragraph 14-12c for Misconduct – Commission of a Serious Offense.  He was issued a separation code of “JKK” and a Reenlistment Code of “3.”  He had served 11 years, 5 months and 20 days of total active service.

Army Regulation 635-5-1 prescribes the separation codes that are to be assigned to members separating from active military service based on specific separation authorities.  The regulation, in effect at the time, provided that a separation code of “JKK” would be issued for all enlisted involuntary separations directed under Army Regulation 635-200, paragraphs 14-12a, b, or c.  That regulation also shows that separations under Army Regulation 635-200, chapter 9, for drug abuse rehabilitation failure would be issued a separation code of “JPC” (replacing the formerly used code of “JKK”). 

Army Regulation 635-5-1, currently in effect, provides that separations issued under Army Regulation 635-200, paragraph 14-12c, will be issued a separation code of “JKQ.”  It also provides that a separation code of “JPD” will be issued to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, chapter 9, due to alcohol rehabilitation failure.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

3.  The applicant was separated under the provisions of Army Regulation        635-200, paragraph 14-12c, for misconduct due to commission of a serious offense and was properly issued a separation code of “JKK” in accordance with the applicable regulations in effect at the time.

4.  The applicant’s contentions have been noted by the Board; however, his contention is not supported by the evidence of record and he has failed to show through the evidence submitted or the evidence of record that he was issued the wrong separation and RE code at the time of his separation.

5.  While the Board understands the applicant’s concerns, it is incumbent upon recruiting personnel to make an assessment of separation codes based on the regulations in effect at the time and the proper separation authority used in the separation.  The separation authority provided by the applicant is not the separation authority used for his separation, nor was the code (JKK) applicable to that authority at the time of his separation.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__kwl ___  ___dh___  ___ao___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002073241	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR SEP CODE	
2.		
3.		
4.		
5.		
6.