ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 March 2019 DOCKET NUMBER: AR20170013419 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his reentry (RE) code as RE-3 instead of RE-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant states, in effect, she was contacted by a recruiter to reenlist on active duty due to the needs of the Army. She was informed that due to her RE-4 code, she would need a correction to her DD Form 214 to show she received an RE-3 code vice an RE-4 code, to receive a waiver to reenlist. a. She has been out of the service for five years, and although she made a mistake, she feels that she has learned a valuable lesson. It is important to have the opportunity to serve her country again. It was a one-time mistake for which she takes full responsibility; she was young and did not really think of the consequences of her actions. She was never a troubled Soldier and she honestly believes that she made one poor decision. Her RE-4 code is extreme and she has paid for her mistake. b. She asks that the Board find it within their hearts to understand and change her RE-4 code to a RE-3 code. With this code correction, she will be able to reenlist and serve her country to bring honor to herself, her family, and the Army. 2. On 5 February 2009, the applicant enlisted into the Regular Army. 3. Her record contains: a. a Certificate of Correction, dated 20 June 2011, which states the tamper tape on her urinalysis bottle was broken and corrected with a new tamper tape. b. a command urinalysis report on 29 June 2011 revealed she tested positive for THC (marijuana) use. c. she was counseled on 25 July 2011, regarding her positive urinalysis test for THC, and she was command referred to the Army Substance Abuse Program (ASAP). d. she accepted nonjudicial punishment for drug abuse on 26 August 2011. e. she received a report of mental status evaluation, which showed no evidence of mental defects, emotional illness, or psychiatric disorder of sufficient severity to warrant disposition through military medical channels. She was cleared for administration separation pursuant to Army Regulation 635-200, chapter 14. 4. He record does not contain a full separation packet. However, she was issued a DD Form 214, which shows she was discharged on 27 March 2012, with a characterization of service of general, under honorable conditions. She completed 3 years, 1 month, and 23 days. Her DD Form 214 contains the following entries : * item 25 (Separation Authority) – "Army Regulation 635-200, para 14-12C-(2)" * item 26 (Separation Code) – "JKK" (drug abuse) * item 27 (RE Code) – "RE-4" 5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) and the SPD/RE Code Cross Reference Table state the SPD code of JKK is the correct code for Soldiers separating under the provisions of chapter 14, paragraph 14-12c(2) of Army Regulation 635-200 and that the SPD code of JKK has a corresponding RE-4. 6. On 16 July 2013, the Army Discharge Review Board reviewed the applicant's request for an upgrade to her characterization of service, her narrative reason for separation, and her RE-4 code. It was determined that her discharge was both proper and equitable and on 25 April 2014, the Board voted to deny any relief. 7. The applicant provided a statement as part of her application that the Board should consider in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. After robust discussion, the Board concluded the applicant had demonstrated through her submission that she had learned from her past behavior. As a result, the Board thought she should be given a second chance to serve her country by changing her separation code from RE-4 to RE-3.. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X FULL GRANT : : : PARTIAL GRANT : : : FORMAL HEARING GRANT : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending her DD Form 214, ending 27 March 2012, by changing the entry in Block 27 from “4” to “3”. SIGNATURE: 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, 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. 2. 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, 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. 3. 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 includes a list of the Regular Army RE codes: * 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 * RE-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 unless a waiver is granted * RE-4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification 4. Army Regulation 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. The SPD code of JKK is the correct code for Soldiers separating under the provisions of chapter 14, paragraph 14-12c(2) of Army Regulation 635-200. 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 a corresponding RE code. The SPD code of JKK has a corresponding RE-4. 6. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. ABCMR Record of Proceedings (cont) AR20170013419 0 0 3