ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  24 July 2019

	DOCKET NUMBER:  AR20170010511


APPLICANT REQUESTS:  a change to his separation and reentry code 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he would like a change to his separation and reentry code and he would like the opportunity to serve with the Air Force Reserve.  He admits that like most young adults, he lacked the maturity to truly appreciate the honor of service to his country and he would like to change that by joining the Air Force Reserve.

3.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 28 July 1988.

	b.  He served overseas in Korea from 3 May 1989 until 22 May 1990. 

	c.  He reenlisted on 13 November 1990.

	d.  Between 4 October 1991 and 27 November 1991, the applicant received numerous counseling statements for the following offenses:

* failure to report
* failure to following instructions
* unsatisfactory performance
* disobeying a lawful order

	e.  On 13 November 1991, he accepted non-judicial punishment, under the provisions of Article 15 of the Uniform Code of Military Justice for leaving his appointed place of duty, to wit:  his guard post after being posted.  His punishment included a reduction in rank to Private First Class/E-3.

	f.  On 15 November 1991, he was counseled on the subject of unsatisfactory duty performance and unsuitability for the service.  He was informed that separation action may be initiated if the behavior continues.

	g.  His record is void of the bar to reenlistment; however, on 15 February 1992, under the provisions of Army Regulation (AR) 635-200, Chapter 16-5, Voluntary Separation of Soldier denied reenlistment based on a locally imposed bar to reenlistment, the applicant requested that he be immediately separated from the Army.

	h.  He was discharged on 27 March 1992.  His DD Form 214 shows he was honorably discharged with a separation code of KGF and a reentry code of RE-3.  It also shows he had 3 years, 3 months and 29 days of net active service with no lost time.  He was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Army Good Conduct Medal
* Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  AR 635-5-1, prescribes that the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.

5.  By regulation AR 635-5 (Separation Documents), the DD Form 214 will be annotated for item 27 (Reenlistment Code) IAW AR 601–210 (Regular Army and Army Reserve Enlistment Program).  Soldiers separating under chapter 3 of AR 635-200 due to court-martial conviction are assigned separation code JJD.  The RE code associated with this type of discharge is RE-4.  The Army does not use RE-2


BOARD DISCUSSION:

After review of the application and all evidence, the Board determined relief is not warranted.  The applicant’s contentions were carefully considered.  The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity.  He did not provide character witness statements or evidence of post-service achievements for the Board to consider.  Based upon the regulatory authority providing for his discharge, the Board agreed that his separation and reentry codes were warranted as a result of his performance.

However, the Board did note that the applicant had a prior period of honorable service which is not currently reflected on his DD Form 214 and recommended that change be completed to more accurately depict his military service.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following additional statement to block 18 (Remarks) of his DD Form 214:  “Continuous honorable active service from 29 November 1988 until 12 November 1990.”

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the separation and reentry code for the applicant’s discharge.
	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5-1 (Separation Program Designators SPD) states that SPD’s are used to provide statistical accounting of the reasons for which active Army personnel are separated and the authority governing the separation code of KGF (HQDA imposed bar to reenlistment; or locally imposed bar to reenlist is AR 635-200, paragraph 16-5a or b.

3.  Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  Block 27 (Reenlistment (RE) Code), for the RE Code, AR 601–210 (Regular Army and Army Reserve Enlistment Program) determines Regular Army and U.S. Army Reserves reentry eligibility and provides regulatory guidance on the RE codes.

4.  AR 601-210 (Regular Army (RA) and Reserve Components Enlistment Program) in effect at the time, covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the United States (U.S.) Army Reserve.  Table 3-1 lists the RA RE eligibility codes:

	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-2 is no longer used, effective 1995.

	c.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiveable.  They are ineligible unless a waiver is granted.

	d.  RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification.  

5.  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 the corresponding RE code.  The cross reference table in effect at the time of his discharge states that separation code JJD has a corresponding RE code of "4."

//NOTHING FOLLOWS//



ABCMR Record of Proceedings (cont)	 AR20170010511


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