MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 April 2002       
	DOCKET NUMBER:   AR2001065837

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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:  Correction of item 24 (Character of Service), item 
26 (Separation Code) and item 27 (Reentry Code) on his amended DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT STATES:  In effect, that his discharge was upgraded and his rank was restored by a decision by the Army Discharge Review Board (ADRB).  He contends that he was given an Honorable Discharge Certificate; however, his reissued DD Form 214 shows a general discharge.  In support of his application, he submits a letter, dated 10 July 2001, from the Chief, Army Review Boards Agency, Support Division in St. Louis, Missouri; an Honorable Discharge Certificate, dated 26 October 1999, Member Copy 1 of an amended DD Form 214; Member Copy 4 of an amended DD Form 214; and his original DD Form 214.  

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

On 26 October 1999, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  

Item 24 (Character of Service) on the applicant’s DD Form 214 shows the entry, “UNDER OTHER THAN HONORABLE CONDITIONS”, item 26 (Separation Code) on his DD Form 214 shows the entry, “KFS”, item 27 (Reentry Code) shows the entry, “3” and item 28 (Narrative Reason for Separation) shows the entry, “IN LIEU OF TRIAL BY COURT-MARTIAL.”

On 18 June 2001, the ADRB upgraded the applicant’s discharge to under honorable conditions (general), restored his grade to sergeant/E-5 and determined that the narrative reason for discharge was proper and equitable and voted not to change it.

Item 24 (Character of Service) on the applicant’s amended DD Form 214 shows the entry, “UNDER HONORABLE CONDITIONS (GENERAL)”, item 
26 (Separation Code) shows the entry, “KFS”, item 27 (Reentry Code) shows the entry, “3” and item 28 (Narrative Reason for Separation) shows the entry, “IN LIEU OF TRIAL BY COURT-MARTIAL.”

The applicant provided a copy of a letter, dated 10 July 2001, from the Chief, Army Review Boards Agency, Support Division in St. Louis, Missouri, which indicates that the ADRB upgraded the applicant’s discharge to honorable.  He also provided an Honorable Discharge Certificate, dated 26 October 1999, signed by the Deputy Assistant Secretary of the Army Review Boards.

Army Regulation 635-5-1 (Separation Program Designator Codes), states the reason for discharge based on separation code “KFS” is “In lieu of trial by court-martial” and the regulatory authority is Army Regulation 635-200, chapter 10.  

Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.

Army Regulation 635-200 (Enlisted Personnel), Table 3-1, lists the types of discharge certificates given by administrative action.  A DD Form 256A is an Honorable Discharge Certificate and a DD Form 257A is a General Discharge Certificate. 

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 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable, such as discharged for the good of the service instead of trial by court-martial.

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 applicant’s contention that he was given an Honorable Discharge Certificate and therefore his amended DD Form 214 should reflect the same character of service, is not supported by the evidence of record.     

2.  Evidence of record shows the ADRB upgraded the applicant’s discharge under other than honorable conditions to under honorable conditions (general) on 18 June 2001.

3.  Evidence of record also shows that the applicant’s DD Form 214 was properly reissued in accordance with the decision by the ADRB to show a general discharge.  

4.  However, through an administrative error, the applicant was erroneously issued an Honorable Discharge Certificate (DD Form 256A) instead of a General Discharge Certificate (DD Form 257A).  Therefore, the Board determined that there is no basis for granting the applicant’s request to amend his DD Form 214 to show his character of service as honorable.
    
5.  The separation code and the RE code used in the applicant’s case are correct and were applied in accordance with applicable regulations.

6.  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.

7.  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.

NOTE:  Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis, Missouri, furnish the individual concerned a DD Form 257A (General Discharge) with an effective date of 26 October 1999.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

AAO____  RWA____  KYF_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001065837	
SUFFIX		
RECON		
DATE BOARDED	20020402	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.	100.0300	
3.		
4.		
5.		
6.