BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160001188 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: 15 August 2017 DOCKET NUMBER: AR20160001188 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: 15 August 2017 DOCKET NUMBER: AR20160001188 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 April 2015 to show his reentry (RE) code as "1" instead of "3," so that he may be allowed entry into the Army National Guard (ARNG). 2. The applicant states no free man ought to be denied the opportunity to serve the nation he loves. That would be to deny the deepest desire of his heart. A mistake and the hardships that followed are, for some, the defining moment that opens the mind and provides the strength to aid in defending a great nation. He comes before the Board with humility and faith. He needs his RE code changed in order to get an ARNG contract. 3. The applicant provides no additional information in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 18 February 2014. He completed his initial entry training and was awarded military occupational specialty 11C (Indirect Fire Infantryman). Upon completion of his initial entry training, he was assigned to Hawaii, and further assigned to Headquarters and Headquarters Company, 1st Battalion, 27th Infantry Regiment, 2nd Stryker Brigade Combat Team. 2. The specific facts and circumstances of the applicant's discharge processing are not available for review. However, an adverse action flag (suspension of favorable personnel actions) was placed on his record effective 6 December 2014 as a result of his pending administrative separation. 3. The applicant's record contains the separation authority's approval memorandum, wherein he waived further rehabilitative efforts on 18 March 2015 and approved the applicant's discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, for commission of a serious offense. The separation authority directed the applicant receive an under honorable conditions (general) discharge and directed that he not be transferred to the Individual Ready Reserve. 4. The applicant was discharged on 8 April 2015. His DD Form 214 shows he completed 1 year, 1 month, and 21 days of net active service. His narrative reason for separation was "misconduct (serious offense)." He was assigned separation code "JKQ" and RE code "3." REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions (a pattern of misconduct consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), 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 appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record. 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 provides a list of RE codes. * RE code "1" applies to Soldiers completing their term of active service, who are considered qualified for enlistment if all other criteria are met * RE code "2" is no longer in use but applied to Soldiers separated for the convenience of the government, when reenlistment is not contemplated, who are fully qualified for enlistment/reenlistment * RE code "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, whose disqualification is waivable – they are ineligible unless a waiver is granted 3. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214. It identifies SPD code "JKQ" as the appropriate code to assign enlisted Soldiers who are administratively discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, based on misconduct (serious offense). 4. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established the RE code of "3" as the proper RE code to assign to enlisted Soldiers separated with the SPD code of "JKQ." 5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The facts and circumstances surrounding the applicant's discharge are not available for review. However, his DD Form 214 shows he was separated under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct – serious offense. 2. There is a presumption of administrative regularity in government affairs. In the absence of clear and convincing evidence to the contrary, it must be presumed that the applicant's chain of command reached its determination on his separation and characterization of service after fully and fairly considering all of the available evidence. 3. The applicant's assigned separation code of "JKQ" is the appropriate separation code for Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct – serious offense. His assigned RE code of "3" is the appropriate reentry code for Soldiers who received a separation code of "JKQ" for misconduct – serious offense. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016310 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001188 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2