IN THE CASE OF: BOARD DATE: 3 December 2014 CASE NUMBER: AR20140000977 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge to be both proper and equitable and voted to deny relief. 2. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 26 and 28, contain erroneous entries. 3. The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as provided for by completing his required service: a. block 26, separation code changed to JBK and b. block 28, narrative reason for separation changed to Completion of Required Active Service. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests to change his honorable characterization of service to uncharacterized and to also change the narrative reason for his discharge. 2. The applicant states, in pertinent part and in effect, although he was fully qualified to reenlist, he was denied reenlistment because the process occurred after the required 90-day period, when actually he submitted his reenlistment packet prior to the 90-day window, and his reentry code should not be a three. He adds he deserves an upgrade to full separation pay. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 8 January 2014 b. Discharge Received: Honorable c. Date of Discharge: 3 January 2014 d. Reason/Authority/SPD/RE Code: Non-Retention on Active Duty, AR 635-200, Chapter 4, JGH, RE-3 e. Unit of assignment: B Co, 4th Bn, 10th Infantry Regiment, Fort Jackson, SC f. Current Enlistment Date/Term: 4 July 2007, 6 years g. Current Enlistment Service: 6 years, 6 months, 0 days h. Total Service: 14 years, 7 months, 20 days i. Time Lost: None j. Previous Discharges: (7 years, 0 months, 17 days) Active/Inactive Service NIF (Date of Initial RC Entry is 990514) k. Highest Grade Achieved: E-6 l. Military Occupational Specialty: 11B30, Infantryman m. GT Score: 123 n. Education: 3 years of college o. Overseas Service: SWA p. Combat Service: Iraq (100711-110621), (070512-080725) q. Decorations/Awards: ARCOM-3; AAM-2; NMAM-2; AGCM; NGCM; NDSM; ICM-CS-3; GWOTSM; NPDR-2; ASR; OSR-2; NSSDR; CIB; VUA; MUC r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 31 May 2006, and reenlisted on 4 July 2007, for a period of 6 years (note any reenlistment thereafter is not available). He was 25 years old at the time of entry and had three years of college. He was trained in and awarded military occupational specialty (MOS) 11B30, Infantryman. He served in Iraq. He was awarded three ARCOMs; two AAMs; and two NAMs. He completed 14 years, 7 months, and 20 days of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 25 November 2013, Department of Army, Headquarters, United States Army Training Center and Fort Jackson, Fort Jackson, SC 29207-5000, issued Orders 329-1313, discharging the applicant on 3 January 2014. 2. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature. His DD Form 214 indicates that on 3 January 2013, he was released from active duty under the provisions of Chapter 4, AR 635-200 by reason of non-retention on active duty, with an honorable character of service, a Separation Code of JGH (i.e., non-retention of active duty), and a reentry code of 3. 3. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge orders. 2. Seven NCOERs, as follows: a. An “Annual” report covering the period of 11 November 2012 to 10 November 2013. The applicant was rated as “Fully Capable” and received 3/3 from the senior rater. b. An “Annual” report covering the period of 11 November 2011 to 10 November 2012. The applicant was rated as “Fully Capable” and received 2/2 from the senior rater. c. A “Change of Rater” report covering the period of 1 July 2011 to 11 November 2011. The applicant was rated as “Fully Capable” and received 2/1 from the senior rater. d. An “Annual” report covering the period of 1 July 2010 to 30 June 2011. The applicant was rated as “Fully Capable” and received 2/1 from the senior rater. e. An “Annual” report covering the period of 1 July 2009 to 30 June 2010. The applicant was rated as “Fully Capable” and received 2/1 from the senior rater. f. An “Annual” report covering the period of 1 July 2007 to 30 June 2008. The applicant was rated as “Fully Capable” and received 2/2 from the senior rater. g. An “Annual” report covering the period of 1 June 2006 to 31 May 2007. The applicant was rated as “Fully Capable” and received 2/1 from the senior rater. 3. Two Service School Academic Evaluation Reports, dated 21 January 2009 and 11 September 2009, indicated the applicant achieved the course standards of the Warrior Leader Course and the Basic NCO Course, respectively. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided with his online application, a self-authored statement and a memorandum for record, dated 10 October 2013, subject: Denial of eligibility for re-enlistment [the applicant] rendered by his unit commander. POST-SERVICE ACTIVITY: The applicant provided none. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 of that regulation provides, in pertinent part, for the separation of individuals upon completion of required service (i.e., expiration term of service, ). 2. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’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. Whenever there is doubt, it is to be resolved in favor of the individual. 3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. 4. Army Regulation 635-5-1 (Separation Program Designator (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. It identifies the SPD code of "JBK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 4, completion of required active service. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JBK" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. After a careful review of the applicant’s request, his military records, and the issues and documents submitted with his application, the service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26 separation code as "JGH," and block 28, narrative reason for separation as “Non-Retention on Active Duty.” 2. Therefore, the following administrative corrections are recommended: b. block 26, separation code to JBK c. block 28, reason for separation to Completion of Required Active Service. 3. The applicant’s request to change the characterization of his discharge and to change the narrative reason for his discharge was carefully considered. However, after examining the applicant’s record of service, and the documents and issues submitted with the application, there are insufficient mitigating factors to merit changing the applicant’s characterization of service and the narrative reason for his discharge. 4. The evidence of record shows the applicant was released from active duty under the provisions of Chapter 4, AR 635-200, by reason of completion of required active service, with character of service described as honorable. 5. The applicant contends the characterization of his service, the narrative reason for his discharge, and the reentry code should be changed because he was unjustly denied reenlistment. However, the characterization of service for Soldiers separated under this provision of the regulation is normally honorable, unless the Soldier is in entry-level status. A Soldier is in entry-level status for the first 180 days of continuous active duty. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when separated in entry-level status. 6. Furthermore, with the administrative corrective changes described at the preceding paragraph 2, the appropriate separation of the applicant who completed his required service would be under the provisions of Chapter 4, AR 635-200, with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Completion of Required Active Service," and the separation code is "JBK." 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 and separation code, entered in block 26 of the form, will be 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. 7. Regarding the applicant’s contention on changing his reentry code, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 8. Finally, the applicant’s contention that he deserves a full separation pay is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 9. The applicant’s contentions were carefully considered; however, the rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 10. Therefore, except for the modifications recommended at the preceding paragraph 2 above and the discharge being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 December 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA Reason Change: 5 No Change: 0 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: NA Change Reason to: Completion of Required Active Service Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: Separation Program Designator (SPD) code of JBK Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140000977 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1