1. Applicant's Name: a. Application Date: 24 November 2015 b. Date Received: 15 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an RE code change. The applicant seeks relief contending, in effect, the RE code "3" and the separation code of "JGH" are in error. There was nothing in his service record to warrant these codes. His discharge was the result of an evaluation that he received in April 2011, which he received when he requested to be removed from his squad leader position. The applicant states that he needed to return early from his deployment to deal with child custody matters because his children were living in a dangerous environment. When he originally approached his chain of command, they understood and agreed that they would support the process of getting him back home. The evening before he left, he was given the evaluation in question. He was put into a position of no real other options other than to sign the evaluation. He was not aware of the ability to appeal the evaluation in question, until he redeployed and arrived at his unit. He was informed that it was beyond the time frame to actually appeal the evaluation. He never received any reprimands during his service and there was nothing in his service record regarding the "failure to perform [his] assigned duties" as a squad leader while deployed. He simply reached out to his chain of command for help with a situation that he felt was too big for him to handle. He simply asked for counseling and guidance. He believes the RE code and separation code to be unwarranted requests the changes to allow him to further serve within the Army National Guard. He was forced out of the Army because of his evaluation, which essentially ruined his otherwise stain free career. He believed that he was simply doing what was right by attempting to take care of his family. He was a stand up NCO that received numerous awards for his leadership and dedication to the Army. In a records review conducted at Arlington, VA on 16 June 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Non-Retention on Active Duty / AR 635-200 / Chapter 4 / JGH / RE-3 / Honorable / Note: The narrative reason and the regulatory citation do not correspond. b. Date of Discharge: 29 March 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2011 (NIF) / NIF / Note: The applicant's service record is void of a reenlistment contract, however, based on the applicant's original enlistment contract, his contract ended in September 2011. Therefore, it appears that the applicant reenlisted sometime in 2011. b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B30, Infantryman / 13 years, 10 months d. Prior Service / Characterizations: USMC, 30 May 2001 - 29 May 2005 / HD USMCR, 30 May 2005 - 22 January 2007 / NIF RA, 23 January 2007 - September 2011 / HD Note: The applicant's service record is void of his subsequent reenlistment contract. Therefore, the end date of his prior service is based on his original enlistment contractual obligation. e. Overseas Service / Combat Service: SWA / Iraq (6 January 2003 - 11 July 2003; 14 February 2004 - 16 September 2004; and, 6 August 2007 - 23 October 2008), Afghanistan, 19 July 2010 - 26 April 2011) / Note: The applicant's DD Form 214, reflects the combat service listed above, however, on 21 February 2017, a Correction to DD Form 214 (DD Form 215), was issued which deleted the applicant's combat service in Iraq, which occurred prior to entering active duty in the Army. f. Awards and Decorations: ACM-2CS, ARCOM-3, USN/USMC PUC, ASUA, AGCM-2, NDSM, AFEM, GWOTEM, GWOTSM, ICM-CS, NCOPDR, ASR, OSR-2, USN SSDR, NATOMDL, CIB / Note: The following awards are not reflected on the applicant's DD Form 214: CAR, GWOTEM (second award) and SSDR (second award). g. Performance Ratings: 30 September 2011 - 29 September 2012, Fully Capable 30 September 2012 - 29 September 2013, Among The Best 30 September 2013 - 29 September 2014, Fully Capable 30 September 2014 - 29 January 2015, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for 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). The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-200 will be honorable unless the Soldier is in entry-level status. The service of Soldiers in entry-level status will be uncharacterized. A Soldier is in an entry- level status if the Soldier has not completed more than 180 days of creditable continuous active duty at the time of the discharge or release from active duty. In the case of an ARNGUS or USAR Soldier on active duty (AD) or active duty training (ADT) who is to be discharged, the character of the period of service from which he/she is being discharged will be based solely on military behavior and performance of duty during the current period of service while actually performing AD or ADT. 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 "JGH" as the appropriate code to assign enlisted Soldiers who are involuntarily discharged under the provisions of Army Regulation 635-200, Chapter 19-12, non-retention on active duty. It identifies the SPD code of "KGH" as the appropriate code to assign enlisted Soldiers who are voluntarily discharged under the provisions of Army Regulation 635-200, Chapter 16-4 or 19-13, non-retention on active duty. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGH" will be assigned an RE Code of 4. A Soldier assigned an SPD Code of "KGH" will be assigned an RE Code of 3 or 4, depending or the circumstances of the voluntary discharge. 8. DISCUSSION OF FACT(S): The applicant requests an RE code change. The applicant seeks relief contending, in effect, the RE code "3" and the separation code of "JGH," are in error. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The service record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity shall prevail and it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends that he was having family issues, which led to his discharge and requests a SPD code change an RE code change. The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the reason for discharge. Moreover, there is a presumption of regularity in the conduct of governmental affairs. This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. Further, while there appears to be an error in the regulatory citation reflected in block 25 of the applicant's DD Form 214, there is no evidence in the record, nor has the applicant produced any evidence to support a change to the narrative reason and or the SPD code or RE code. If the applicant was involuntarily separated and the narrative reason of "Non-Retention On Active Duty" is presumed correct, then the SPD code of "JGH," is correct. If the applicant voluntarily separated with the same narrative reason, then the SPD code would reflect "KGH." Certain circumstances for the reason for the discharge will determine the SPD code and the RE code. In the applicant's case, it appears he may have signed a Declination of Continued Service Statement or based on the applicant's contentions, he may have been separated under the Qualitative Management Program (QMP). The appropriate Separation Authority for these separations are AR 635-200, Chapters 16 and 19, respectively. The most probable reason for his separation is Chapter 16-4, wherein the applicant would have signed a Declination of Continued Service Statement, requiring an SPD code of "KGH" and an RE code of "3". However, the applicant's service record reflects that a Preseparation Counseling Checklist, was completed on 28 May 2014, which would have required his separation from active duty no later than 28 August 2014. Further, the applicant's DD Form 214 reflects he was transferred to the USAR Control Group upon his discharge. Based on the applicant's enlistment and subsequent reenlistment, he would not have had a Military Service Obligation. The service record does not include any documentation to support this transfer, albeit, he may have done so voluntarily. The applicant's DD Form 214, appears to have numerous discrepancies as noted in these proceedings. Notwithstanding the Separation Authority, SPD and RE code, the noted changes to the DD Form 214 do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant desires to rejoin the Military Service. However, 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 RE codes if appropriate. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 16 June 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150018893 1