BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150015655 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 BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150015655 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. BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150015655 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 a change to his reentry (RE) code and narrative reason for separation. 2. The applicant states: a. He believes his RE code and narrative reason require attention. He complied and did what he was told to do by his first line supervisor. He kept in contact with a first lieutenant and his company commander at all times. His first sergeant at the time has since been relieved of her duty due to fraternization. He never received any assistance in changing his military occupational specialty (MOS) or his company when he requested it. He trained 7 months for MOS 91J (Quartermaster and Chemical Equipment Repairer). He completed the Additional Skill Identifier training; however, he was not given the opportunity to perform the duties of a 91J because they did not have the equipment he was trained on. He was forced to perform the duties of a mechanic working on Humvees. b. When he was first assigned to Fort Carson, CO, he talked with his first line supervisor and requested a chapter discharge because he hated mechanical work with a passion as he was forced to do it by his father as a kid. He was taken to the shop foreman and told to think about his decision. He was unaware that they were going to assign him to an infantry unit because they were undermanned and about to deploy. They reassigned him. He had the best time in that infantry unit. He deployed and was a dismounted Soldier. He was a minesweeper and loved every minute of it. Upon his return to Fort Carson, he was reassigned to the Forward Support Company (FSC). At this time, he sought assistance but to no avail. He was shrugged off. The newly assigned first lieutenant had a problem with the people who were tasked off to other companies during deployment. Things went south from there for him. c. He loves the Army, as it is all he knows. His father was in the Army, and he and his brother enlisted at the same time. He works out and runs daily waiting for that moment when he can return to the military and continue protecting America's freedom. He would like his RE code and narrative reason for separation changed so he can reenlist. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army in pay grade E-2 on 18 November 2009 for 6 years. He held MOS 63J (Quartermaster and Chemical Equipment Repairer). He was assigned to Company F, FSC, Fort Carson, CO. He served in Afghanistan from 25 May 2011 to 26 April 2012. 2. His record is void of the complete facts and circumstances surrounding his discharge; however, his records contain the following: a. A DA Form 4187 (Personnel Action), dated 14 January 2013, showing he was reported absent without leave (AWOL) on 14 January 2013, he was apprehended, and his duty status was changed from AWOL to present for duty on 29 January 2013. b. A DD Form 214 (Certificate of Release or Discharge from Active Duty) showing he was discharged in pay grade E-1 on 3 April 2013, under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, for misconduct – serious offense. His service was characterized as under honorable conditions (general). He was credited with completing 3 years and 4 months of active service and had time lost from 14 to 29 January 2013. This form lists in: * Item 26 (Separation Code) – JKQ * Item 27 (RE Code) – 3 * Item 28 (Narrative Reason) – Misconduct (Serious Offense) 3. On 22 September 2014, the Army Discharge Review Board (ADRB), determined the character of the applicant's service was too harsh based on his length and quality of service and his combat service. The ADRB unanimously voted to upgrade his general discharge to an honorable discharge. The Board further determined the reason for his discharge was both proper and equitable and voted not to change it. 4. Accordingly on 12 November 2014, a new DD Form 214 was prepared showing his characterization of service as honorable. His previous DD Form 214 was voided. REFERENCES: 1. AR 635-200 sets forth the basic authority for separation of enlisted personnel. Paragraph 14-12 states Soldiers will be separation for the commission of a serious offense to include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense. (AWOL is a serious offense.) Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation was impractical or unlikely to succeed. The issuance of a discharge under other than honorable conditions is normally considered appropriate. However, the separation authority could direct a general discharge if such is merited by the member's overall record. 2. AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and U.S. Army Reserve. The regulation provides 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 includes a list of Armed Forces RE codes, including the following RE codes: * RE-1 – Applies to persons qualified for enlistment if all other criteria are met * RE-3 – Applies to persons not considered fully qualified for reentry or continuous service at time of separation, but the disqualification was waivable 3. AR 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. SPD code "JKQ" is the correct code for Soldiers separating under the provisions of paragraph 14-12c of AR 635-200, by reason of misconduct – commission of a serious offense. 4. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table shows the SPD code and a corresponding RE code. The table in effect at the time of his discharge shows that SPD code "JKQ" has a corresponding RE code "3." 5. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 26 – would list the proper SPD representing the reason for separation * Item 27 – would list the appropriate code * Item 28 – would list the reason for separation based on the regulatory or statutory authority DISCUSSION: 1. The applicant’s record is void of the complete facts and circumstances that led to his discharge. However, his record does contain evidence that he went AWOL from his unit after his redeployment from Afghanistan. His DD Form 214 shows he was discharged on 3 April 2013 under the provisions of AR 635-200, paragraph 14-12c, for misconduct, with a general discharge. 2. The ADRB determined his general discharge was too harsh and recommended an upgrade to an honorable discharge. The ADRB determined the reason for his discharge was both proper and equitable and voted not to change it. 3. His RE code was assigned based on his discharge under the provisions of chapter 14 of AR 635-200 due to misconduct. Absent the misconduct, there was no fundamental reason to process him for discharge. The only narrative reason associated with this type of discharge is "Misconduct" and the appropriate separation and RE codes associated with this type of discharge are "JKQ" and RE-3, which are correctly shown on his DD Form 214. 4. No evidence has been presented which shows he was not properly and equitably discharged in accordance with the regulations in effect at the time and that all requirements of law and regulations were not met or that his rights were not fully protected throughout the separation process. Absent such evidence, regularity must be presumed in this case. 5. His desire to again join military service is noted. However, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. His current RE code is a waivable code. The applicant may still apply for service in the Armed Forces through a recruiter, who best knows the needs of the Service and can assist in processing an enlistment waiver. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015655 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015655 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2