PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 March 2000                   
	DOCKET NUMBER:   AR1999032807

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 his date of birth and reentry code on his new     DD Form 214 be corrected and that the Ranger School be added to his DD Form 214.

3.  The applicant states that his date of birth was incorrectly entered when his   DD Form 214 was re-issued.  His reentry code is not correct because he was given an honorable discharge.  The Ranger School was not included as part of his military education on his DD Form 214.

4.  The applicant’s military records show that he enlisted in the Regular Army on 26 July 1988.  He attended Ranger training in 1991, a course which trains army personnel in the techniques of battlefield parachuting.  In 1996, after testing positive for cocaine on a urinalysis, he was recommended for separation under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct, commission of a serious offense.  His separation was approved and he was discharged on 28 February 1997 with a general discharge under honorable conditions, separation code JKK (misconduct, commission of a serious offense) and given a reentry code of RE 4.  His DD Form 214 correctly shows his date of birth as 14 April 1968 (“19680414”).

5.  On 5 March 1999, the Army Discharge Review Board (ADRB) upgraded the applicant’s discharge to fully honorable.  The ADRB found that the characterization of his service was inequitable because his generally acceptable personal conduct and performance of duty mitigated the discrediting entries in his service record.  The ADRB found, however, that his separation action was clearly warranted based on his use of illegal drugs and voted not to change the reason for his discharge.

6.  The applicant was re-issued his DD Form 214 to show his character of service as honorable.  A typographical error shows his date of birth as 14 January 1968 (“19680114”).

7.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge or release from active military service or control of the Army.  It establishes standardized policy for the preparation and distribution of DD Form 214.  In pertinent part, it states that in-service training courses successfully completed during the period of service covered will be entered in item 14.  The information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

8.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 635-5-1 provides that separation code JKK will be given when the reason for discharge is misconduct under the provisions of Army Regulation 635-200, paragraph 14-12c(2).  Table 2-2 of Army Regulation 635-5 provides that RE 4 is the reentry code used when the separation code is JKK.

CONCLUSIONS:

1.  There is a typographical error on the applicant’s re-issued DD Form 214, item 5, date of birth.

2.  The evidence of record shows that the applicant completed Ranger training; however, that course teaches combat skills and so is not entered on the           DD Form 214.

3.  The applicant’s reentry code was not based upon his characterization of service; it was based upon the reason for his discharge.  The Board agrees with the ADRB’s finding that his separation action was clearly warranted based on his use of illegal drugs.  The reason for his discharge was appropriate; therefore, his separation code of JKK and associated reentry code of 4 are correct.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the applicant’s re-issued DD Form 214 to show his date of birth as 14 April 1968 (“19680414.”)

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

BOARD VOTE:  

__jma___  __tsk___  __aao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			James M. Alward
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999032807	
SUFFIX		
RECON		
DATE BOARDED	20000322	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.