BOARD DATE: 25 July 2017 DOCKET NUMBER: AR20160000090 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: 25 July 2017 DOCKET NUMBER: AR20160000090 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 amend the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20120013227 dated 14 February 2013. _____________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: 25 July 2017 DOCKET NUMBER: AR20160000090 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 reconsideration of his prior request for upgrade of the reentry eligibility (RE) code and the separation (SPD) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states: a. Since his separation from the Army, he has maintained his motivation to always improve. He graduated from the University of Phoenix with a bachelor's degree in information technology and received his project management certification as well. b. He requests his RE code be changed to allow him to pursue a career in the Army National Guard to support his brothers and sisters. He has spoken with officials in the Army National Guard and has been given the full support from the G-1 (Personnel) Offices of the Oklahoma and Wyoming Army National Guard, as well as other members of his units and a U.S. Senator. He presented his case to both States and has shown remorse for his actions. He has grown both mentally and spiritually to become an asset to the civilian world and the military. c. He asks the Board to look at the faith that two States have in him and his self-improvements, look beyond the paperwork, and allow him to serve once again. He does not expect the Board to look away from his mishaps, but to at least consider changing his separation code to something other than "JKA" to allow him back into the fold of his brotherhood. 3. The applicant provides: * prior Army Board for Correction of Military Records (ABCMR) Record of Proceedings under Docket Number AR20120013227, dated 14 February 2013 * DD Form 214 * DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members), dated 1 August 2008 * Headquarters, III Corps and Fort Hood, Orders 205-0204, dated 23 July 2008 * Enlisted Record Brief, dated 1 November 2007 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120013227 on 14 February 2013. 2. The applicant cites his post-service accomplishments as new evidence that was not previously considered by the Board and warrants consideration at this time. 3. After a prior period of over 4 years combined in the Regular Army and the Army National Guard, the applicant again enlisted in the Regular Army on 5 May 2006. 4. Records indicate he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 25 August 2007 for: * being derelict in the performance of his duties at Forward Operating Base Paliwoda, Iraq, on or about 23 March 2007 * disobeying a lawful order by leaving the Command Post at Forward Operating Base Paliwoda, Iraq, on or about 31 March 2007 * making an official statement with the intent to deceive on or about 31 March 2007, stating he was told to go to the dental clinic by the command post noncommissioned officer in charge or words to that effect, a statement which he knew to be false * disobeying a lawful order to clean his weapon after work on or about 15 May 2007 * making an official statement with the intent to deceive on or about 15 July 2007, stating it was his day off or words to that effect, a statement which he knew to be false 5. He again accepted NJP under the provisions of Article 15 of the UCMJ on 1 November 2007 for: * making an official statement with the intent to deceive on or about 5 September 2007, stating the use of the satellite phone during a period of communication blackout was already taken care of or words to that effect, a statement which he knew to be false * failing to go to his appointed place of duty at the prescribed time at Logistics Support Activity Anaconda, Iraq, on or about 2 October 2007 * failing to go to his appointed place of duty at the prescribed time at Logistics Support Activity Anaconda, Iraq, on or about 4 October 2007 6. On 7 October 2007, he received a memorandum of reprimand for admitting to falsely reporting the theft of his assigned Government laptop on 27 September 2007, then taking substantial steps to wrongfully dispose of the laptop once his command initiated a search. 7. On 28 January 2008, his immediate commander initiated discharge action against him for a pattern of misconduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, paragraph 14-12b. The memorandum initiating separation action stated the reasons for the proposed action were receiving NJP under the UCMJ on two occasions and receiving a battalion commander letter of reprimand. He was advised of his rights. 8. On 7 February 2008, the applicant acknowledged notification from his commander of the basis for the contemplated action to separate him under the provisions of Army Regulation 635-200, chapter 14, its potential effects, and the rights available to him. He acknowledged he had the right to consult with military counsel and submit statements on his own behalf. He requested to have his case heard by an administrative separation board and he understood he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him. 9. A board of officers carefully weighed all of the oral and documentary evidence on 22 May 2008, and found by a preponderance of the evidence that the applicant did commit acts which constituted unsatisfactory performance. Based upon those findings, the board recommended his separation from the U.S. Army before the expiration of his term of service with characterization of his service as general under honorable conditions. 10. On 2 July 2008, the Commander, 1st Cavalry Division, approved the recommended discharge for patterns of misconduct under the provisions of Army Regulation 635-200, chapter 14. He directed the issuance of a general discharge under honorable conditions. 11. On 7 August 2008, he was discharged under honorable conditions (general) for patterns of misconduct under the provisions of Army Regulation 635-200, chapter 14. His DD Form 214 shows his RE code is 3 and his separation code is JKA. He completed 2 years, 3 months, and 3 days of net active service during that period. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. It states individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty. b. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally considered appropriate for a Soldier discharged under this chapter. 2. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 (U.S. Army Reentry Eligibility Codes) includes a list of RE codes. a. RE code 1 applies to Soldiers completing their terms 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 code 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. 3. Army Regulation 635-5-1 (SPD Codes) provides the specific reasons for separating Soldiers from active duty and the associated SPD codes to be entered on the DD Form 214. SPD code JKA is the appropriate code to assign to Soldiers involuntarily discharged under the provisions of Army Regulation  635-200, paragraph 14-12b, due to a pattern of misconduct. 4. The SPD/RE Code Cross-Reference Table provides instructions for determining the RE code for Regular Army and Reserve Component Soldiers being separated. It stipulates an RE code of 3 will be assigned to members separated with an SPD code of JKA. DISCUSSION: 1. Records indicate the applicant was appropriately discharged from the Army under the authority of Army Regulation 635-200, paragraph 14-12b, for a pattern of misconduct after acceptance of NJP under Article 15 of the UCMJ on two occasions and receiving a memorandum of reprimand. All requirements of regulation and law were met and his rights were protected throughout the process. The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case. 2. At his request, a board of officers met to review the elimination action initiated against him. The board found he showed a pattern of misconduct that warranted separation and recommended a general discharge. The approval authority subsequently approved his separation. 3. His DD Form 214 shows his SPD code as JKA and his RE code as 3. SPD code JKA is the appropriate code to assign to Soldiers involuntarily discharged under the provisions of Army Regulation 635-200, paragraph 14-12b. RE code 3 is the corresponding RE code for Soldiers separated with an SPD code of JKA. 4. The ABCMR does not establish eligibility for entry in the Army nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant is advised to contact a local recruiter should he desire to reenter military service. A local recruiter can best advise him on his eligibility for returning to military service, the current needs of the Army, and may process any required enlistment waiver for the applicant's RE code 3 if otherwise eligible. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000090 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000090 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2