BOARD DATE: 1 March 2016 DOCKET NUMBER: AR20150007674 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of the authority for discharge and separation program designator (SPD) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests his reentry (RE) code be changed from a “3” to a ?1" so that he may reenter the military. 2. The applicant states he served in the Army at the immature age of 19 and unfortunately was discharged because of misconduct. He was young and immature with no discipline, but now he is 35 years old and wiser. He would like to reenlist in the Army and serve his country again. He has been working for the county for three and a half years and is a youth minister at his church. 3. The applicant provides his DD Form 214, a copy of his social security card and driver license. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 23 September 1999 the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 75H (Personnel Service Specialist). 3. On 4 May 2001 he was found guilty by summary court-martial (SCM) of the following: * wrongful use of marijuana * wrongfully using the calling card of another Soldier to make unauthorized personal phone calls 4. He was sentenced to forfeiture of $695.00 pay, extra duty for 45 days, and restriction to barracks for 45 days. 5. On 19 June 2001 the applicant's commander notified him that he was recommending he be discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for commission of a serious offense. His commander advised him that a General Discharge (GD) Certificate could be issued to him and advised him of his rights. 6. After consulting with counsel, he waived his right to consideration of his case by a board of officers, personal appearance before a board of officers, to submit statements in his own behalf, and counsel. He acknowledged he could expect to encounter substantial prejudice in civilian life if a GD under honorable conditions were to be issued to him. He further acknowledged that, as the result of issuance of a GD, he could be ineligible for reenlistment into any of the U.S. Armed Forces without administrative waivers. 7. On 22 June 2001 the separation authority approved his discharge under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct –commission of a serious offense. He directed the applicant receive a GD Certificate. 8. Headquarters, 25th Infantry Division (Light), Schofield Barracks, Hawaii, Orders A178-01, dated 27 June 2001, reassigned him to the U.S. Army Transition Point for transition processing. 9. On 6 July 2001 he was discharged in accordance with the separation authority's decision. He completed 1 year, 9 months, and 14 days of net active service. He received a GD (under honorable conditions) for misconduct and he was assigned an SPD code of "JKQ" and RE code "3." 10. 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. a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met. b. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible for enlistment unless a waiver is granted. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office. 11. Army Regulation 635-5-1 (Personnel Separations – Separation SPD Codes) provides that a separation code of "JKQ" will be assigned to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, due to misconduct. An RE code of "3" is assigned when a separation code of "JKQ" is used. DISCUSSION AND CONCLUSIONS: 1. The available records indicate that all requirements of law and regulation were met and his rights were fully protected throughout his discharge processing. His record indicates he was well advised and fully aware of the consequences of his GD. The SPD code and RE code he was assigned are correct, and his desire to reenter military service is not a sufficient basis for changes these entries. 2. The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification. Therefore, if he desires to reenter military service he should contact a local recruiter who can best advise him on his eligibility for returning to military service. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X______ ___X_____ ___X__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150007674 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007674 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1