IN THE CASE OF: BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150011907 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150011907 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150011907 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 that his reentry eligibility (RE) code be changed from RE-3 to RE-1 and that his separation code be changed from "JKK" to a code less detrimental for acquiring employment. 2. The applicant states: a. His record is unjust as it is based on one isolated incident in 7 years and 10 months of honorable service with no other adverse action, almost 15 years ago. b. Other Soldiers were allowed to continue to serve after committing the same type of infractions; however he was not afforded equal consideration and he is still being affected almost 15 years later. c. He was recently disqualified for employment with the fire department and after further investigation, he was able to conclude that it was due to his separation and RE codes. d. He never denied or tried to conceal the incident or the resulting shame that has accompanied him for 15 years. He believed his honorable discharge and honesty would be enough for employment; however, it was not and it appears that one ignorant act many years ago may affect him and his family until he can get his record changed. e. He was an excellent Soldier for almost 8 years and even after he was rightfully punished, he continued to perform his duties unwaveringly and with commitment. f. He believes he would be a retired warrant officer if not for one mistake. Instead, he was demoted to specialist/E-4, and he is struggling to establish himself in an honorable profession. g. Since his discharge, he has worked 11 years as a civilian contractor in Colombia, he has earned an Associate of Arts Degree, and he was recently accepted at the University of Washington. He has also been working as an unpaid Intern Firefighter and Emergency Medical Technician serving the public for 24 to 36 hours a week. h. He has proven that he can be a valuable resource for any community and it would be a shame if he continues to be denied employment for one regrettable event that occurred 15 years ago. i. He is not denying that he was weak and that he made the worst decision of his life, but it was 15 years ago and he only wants to be given the same discharge codes as other Soldiers who were allowed to continue service after the same offense. j. He could have handled the situation differently; however, at the time, he did what he believed he had to do. k. He would appreciate having his life considered in its entirety with the realization that one moment is by no means a representation of his character. 3. The applicant provides a self-authored statement and a letter from South King Fire and Rescue. 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. The applicant enlisted in the Regular Army for 6 years on 18 September 1992, in pay grade E-2. He completed training as an aircraft armament/missile system repairer. He remained on active duty through one extension and one reenlistment. 3. The applicant accepted nonjudicial punishment on 25 February 2000, for the wrongful use of cocaine. 4. The applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14-12(c) for commission of a serious offense. His commander cited wrongful use of cocaine, a schedule II controlled substance, as the basis for his recommendation. The applicant acknowledged receipt of the notification. After consulting with counsel, he elected not to submit a statement in his own behalf. However, he elected to have his case considered before a board of officers. 5. A board of officers convened on 17 June 2000 to determine whether the applicant should be separated from the Army for misconduct. The board found that the applicant committed the serious offense of wrongful use of cocaine, a schedule II controlled substance. The board recommended the applicant’s separation from the military for misconduct with the issuance of a general discharge. 6. On 19 July 2000, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14-12(c)(2), for misconduct. He completed 7 years, 10 months, and 2 days of net active service this period and he received a general discharge. 7. Item 26 (Separation Code) on his DD Form 214 shows he received a separation program designator (SPD) code of "JKK" for misconduct. Item 27 (Reentry Code) shows he received an RE code of "3." 8. On 29 April 2002, the Army Discharge Review Board (ADRB) upgraded the applicant's general discharge to an honorable discharge. However, the ADRB determined that his reason for discharge was proper and equitable. 9. The applicant provides a letter from the South King Fire and Rescue Human Resources Administrator advising the applicant that his application was being withdrawn from their process for consideration of employment based on inconsistent information on his application compared to the separation codes on his DD Form 214. REFERENCES: 1. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states 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. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE code of “3” applies to persons who have a waivable disqualification. 2. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons. 3. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Regular Army Soldiers and Reserve Component Soldiers separated for cause. The SPD code of "JKK" has a corresponding RE code of "3." DISCUSSION: 1. The applicant's contentions have been noted and his post service conduct has been considered. 2. There is no error or injustice in the RE code he received. His records show that he was discharged from the Army for misconduct. He was assigned an SPD code of "JKK" which coincides with his reason for discharge. He was assigned an RE code of "3" which coincides with his SPD code. 3. The applicable regulation states the SPD code of "JKK" is assigned when the reason for discharge is misconduct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011907 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011907 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2