MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 February 2003
	DOCKET NUMBER:   AR2003083664

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Allen L. Raub		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:  In effect, that his lost time be expunged from his record; that his rank be restored to specialist/E-4 (SPC/E-4); that his reentry (RE) code be changed to RE-1; that the characterization of his service be changed to honorable; and that his GI Bill be restored.  

APPLICANT STATES:  In effect, that he was not absent without leave (AWOL), and he wants to go back into the Army to serve his country.  In the issues the applicant provided to the Army Discharge Review Board (ADRB), he claimed that he was discharged on charges that he was absent without leave (AWOL) and for illegal drug use.  He claims that he was wrongly accused of these charges and his chain of command coerced him into making false statements.  

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

On 10 February 2000, he enlisted in the Regular Army for four years.  He successfully completed basic training at Fort Jackson, South Carolina and advanced individual training (AIT) at Fort Leonard Wood, Missouri.  Upon completed of AIT, he was awarded military occupational specialty (MOS) 62E (Construction Equipment Operator).

The applicant’s record shows that during his active duty tenure he completed an overseas tour in Korea and he earned the National Defense Service Medal, Army Achievement Medal, Army Service Ribbon, and Overseas Service Ribbon.  There are no other acts of valor, significant achievement, or service warranting special recognition recorded in his record.  However, there is evidence of a disciplinary history that includes his being AWOL for 10 days between 19 and 
28 January 2002.

The applicant’s Personnel Qualification Record (DA Form 2-1) also shows in Item 18 (Appointments and Reductions) that the highest rank he attained while serving on active duty was SPC/E-4.  This item also confirms that he was reduced to private/E-1 (PV1/E-1) on 21 February 2002.  

The record does not include a separation packet containing the specific facts and circumstances surrounding the applicant’s separation processing.  However, it does include a separation document (DD Form 214) that confirms the authority and reason for his separation.  On the date of his separation, the applicant authenticated this document with his signature in Item 21 (Signature of Member Being Separated), thereby verifying that the information contained therein was correct at that time.  

The applicant’s DD Form 214 shows that on 7 June 2002, he was separated and received a general, under honorable conditions discharge (GD), under the provisions of paragraph 14-12c(2), by reason of misconduct.  It also shows that at the time of his separation, he held the rank of PV1, he had completed a total of 2 years, 3 months, and 18 days of creditable active military service, and he had accrued 10 days of lost time due to AWOL.  This document also confirms that based on the authority and reason for his discharge, the applicant was assigned a Separation Program Designator (SPD) code of JKK, and a reentry code of 
RE-3.  

On 6 January 2003, the ADRB found that the characterization and reason for the applicant’s discharge were both proper and equitable, and it voted to deny the applicant’s request that GD be upgraded to an honorable discharge.  

Army Regulation 635-200 sets forth the policy for the separation of enlisted personnel.  Chapter 14 contains the policy guidance for separation by reason of misconduct.  Paragraph 14-12c contains the policy for separation for misconduct due to the commission of a serious offense, and sub-paragraph (2) pertains to the separating drug offenders.  These provisions provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service.  The issuance of a discharge under other than honorable conditions is normally considered appropriate.

Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of JKK was the appropriate code for the applicant based on the guidance provided in AR 635-5-1 for soldiers separating under the provisions of AR 635-200, Chapter 14, Paragraph 14-12c(2), by reason of misconduct-commission of a serious offense, drug offender.  Additionally, the SPD/RE Code Cross Reference Table establishes RE Code 3 as the proper reentry code to assign to soldiers separated for this reason.

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.  The Board notes the applicant’s contentions that he was not AWOL and that he was coerced into making false statements by his chain of command, and it also carefully considered his relief requests.  However, it finds insufficient evidence to support the applicant’s allegations or to support requested relief.  

2.  The applicant’s record does not contain a separation packet and is void of the specific facts and circumstances concerning the events that led to his discharge. However, the Board notes that it does contain a properly constituted DD Form 214 that he authenticated with his signature.  This document identifies the reason and characterization of the discharge, and the Board presumes government regularity in the discharge process.  

3.  There is no evidence of record or independent evidence provided by the applicant that supports his allegations.  Lacking evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the Board finds an insufficient evidentiary basis to support granting the requested relief. 

4.  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.

5.  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

__JHL__  __  LE   _  __ ALR  __  DENY APPLICATION 

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

INDEX

CASE ID	AR2003083664	
SUFFIX		
RECON		
DATE BOARDED	2003/02/20	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	2002/06/07	
DISCHARGE AUTHORITY	AR 635-200 C14	
DISCHARGE REASON	Misconduct 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.