ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  26 April 2019

	DOCKET NUMBER:  AR20170017724


APPLICANT REQUESTS: 

*	Correction of his DD Form 214 (Certificate of Release or Discharge from Active 
Duty) to show his separation code as "JKK" instead of "JKF"
*	Correction of his DD Form 214 to show he was awarded or authorized the 
National Defense Service Medal (NDSM), Southwest Asia Service Medal 
(SWASM), Kuwait Liberation Medal (KLM), and Valorous Unit Award (VUA)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DA Form 2-1 (Personnel Qualification Record – Part II) (page 1)
*	Recommendation for Award of the Valorous Unit Citation, dated 4 June 1991
*	Valorous Unit Citation
*	DA Form 2627 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of 
Military Justice]), dated 11 July 1995
*	DD Form 214, for the period ending 24 October 1995

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 
Code (USC), Section 1552 (b); however, the Army Board for Correction of Military 
Records (ABCMR) 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 was separated because of an Article 15 [nonjudicial 
punishment (NJP) under the provisions of Article 15 of the UCMJ] he received for drug 
use, not for absence without leave (AWOL).  The separation code on his DD Form 214 
incorrectly attributes his separation to an AWOL offense.  His job application status is 
being negatively impacted by the AWOL coding on his DD Form 214.  Prospective 
employers are much more forgiving of a marijuana incident as a young man.

3.  A portion of the applicant’s request concerns the correction of his DD Form 214 to 
show he was authorized the NDSM, SWASM, KLM, and the VUA.  This portion is 
supported by sufficient evidence; therefore, his DD Form 214 will be administratively 
corrected without consideration by the Board.  The Board will consider the remaining 
portion of his request; specifically, the correction of his DD Form 214 to change his 
separation code.

4.  The applicant enlisted in the Regular Army on 28 March 1990.  

5.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he 
served in Saudi Arabia from 28 August 1990 through 25 March 1991, where he was 
assigned to Battery A, 3rd Battalion, 27th Field Artillery Regiment.

6.  The applicant reenlisted in the Regular Army on 28 August 1994. 

7.  The applicant accepted NJP on 11 July 1995, under the provisions of Article 15 of 
the UCMJ, for wrongful use of marijuana on or about 13 Apr and 12 May 1995.

8.  The applicant's immediate commander notified the applicant on 26 September 1995 
that he was initiating actions to separate him under the provisions of Army Regulation 
635-200 (Personnel Separations – Enlisted Personnel), Chapter 14, because he 
received a field grade Article 15 for wrongful use of marijuana.  The applicant 
acknowledged receipt of the proposed separation notification.  He declined to consult 
with counsel and elected not to submit a statement in his own behalf.

9.  The applicant's immediate commander formally recommended his separation from 
service under the provisions of Army Regulation 635-200, paragraph 14-12c 
(Commission of a Serious Offense), for wrongful use of marijuana.  The separation 
authority approved the recommendation for discharge on 16 October 1995 and directed 
that the applicant be reduced to the lowest enlisted grade and that he be issued a 
General Discharge Certificate.

10.  The applicant was discharged on 24 October 1995, under the provisions of Army 
Regulation 635-200, paragraph 14-12c (1), by reason of misconduct.  His DD Form 214 
shows he was assigned the separation code "JKF."  

11.  Army Regulation 635-5-1 (Separation Program Designation (SPD) Codes) 
prescribes the specific authorities (regulatory, statutory, or other directives) and reasons 
for the separation of members from active military service and the separation codes to 
be used for these stated reasons.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was warranted.  Based upon the UCMJ violation that resulted in the applicant 
being discharge involving drug use, as stated by the applicant, the separation code 
currently on the DD Form 214 is an error which warrants correction.  

Additionally, the Board noted the administrative notes below by the analyst of record 
which show that documentary evidence within the service record supports adding the 
requested awards to the applicant’s DD Form 214.  For that reason, the Board 
recommended granting the applicant’s request for relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	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 relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by amending the applicant’s 
DD Form 214 by showing separation code as “JKK”.

2.  The Board also noted the administrative notes below which supports adding the 
requested awards of the applicant to his DD Form 214.  For that reason, the Board 
recommends adding those awards depicted in the administrative notes to the 
applicant’s DD Form 214 to more accurately depict the military service of the applicant.

	  
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.



ADMINISTRATIVE NOTE(S):

1.  Army Regulation 600-8-22 authorizes additional awards that are not currently 
reflected on his DD Form 214.  As a result, his DD Form 214 should be amended to 
show he was awarded or authorized the National Defense Service Medal; Southwest 
Asia Service Medal with two bronze service stars; Army Service Ribbon; Kuwait 
Liberation Medal, issued by the Kingdom of Saudi Arabia (KLM-SA) and the  
Government of Kuwait (KLM-K); and the Valorous Unit Award.

2.  A review of the applicant's record shows his DD Form 214 is missing important 
entries that affect his eligibility for post-service benefits.  As a result, amend the 
DD Form 214 by adding the following entry to item 18 (Remarks):  "CONTINUOUS 
HONORABLE ACTIVE SERVICE FROM 900328 UNTIL 940827."



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 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, in effect at the time, provided that:

	a.  The separation code "JKF" applied to individuals discharged under the provisions 
of Army Regulation 635-200, paragraph 14-12c (1).
	
	b.  The separation code "JKK" applied to individuals discharged under the provisions 
of Army Regulation 635-200, paragraph 14-12c (2).  

3.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  

	a.  Chapter 14 of the version in effect at the time established policy and prescribed 
procedures for the separation of members for misconduct.  Specific categories included 
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.  

	b.  Paragraph 14-12c (Commission of a Serious Offense), in effect at the time, 
provided that the commission of a serious military or civil offense, if the specific 
circumstances of the offense warranted separation and a punitive discharge, would be 
authorized for the same or a closely related offense under the Manual of Courts-Martial.
 
		(1)  Sub-paragraph (1) provided that absentees returned to military control from a 
status of absent without leave or desertion may be separated for commission of a 
serious offense. 
 
		(2)  Sub-paragraph (2) provided that the abuse of illegal drugs is serious 
misconduct.  Separation action normally will be based upon commission of a serious 
offense.  However, relevant facts may mitigate the nature of the offense.  Therefore, a 
single drug abuse offense may be combined with one or more minor disciplinary 
infractions of incidents of other misconduct and processed for separation as 
appropriate.


ABCMR Record of Proceedings (cont)	 AR20170017724

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