ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 11 April 2019 DOCKET NUMBER: AR20180000009 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a more favorable reentry (RE) code. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Electronic DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) with personal statement * his professional resume * college transcripts * seven character reference letters * four news articles with family service records and an excerpt from Revolutionary Patriots of Harford County, Maryland 1775-1783 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 is seeking to rejoin the military by having his RE code upgraded. He wants to have a chance to serve his country with honor and distinction. a. He made a mistake in December 2006; he failed to do the right thing when he did not report his fellow Soldiers. In November 2007, he plead guilty at a Special Court Martial of violating Articles, 80, 81, 86 and 107 of the Uniform Code of Military Justice (UCMJ). He was discharged from the U.S. Army as a result. b. Due to a paper work error, he was denied the experience of basic training and was essentially sent directly to advanced individual training. With little functional knowledge of the military, he lacked the Army core values. c. There was a great disparity in punishments that his co-conspirators received relative to his, as both were allowed to receive honorable discharges and received medical discharges. d. He has spoken to several recruiters and has been told that the services as a whole are under strength. He strongly desires to serve the country and is willing to take up any hard to fill or undesirable positions in the military. When he last enlisted, he was told he was eligible to fill any role due to his exceptional test results. e. His family has a strong military tradition and a dedication to the defense of our Nation; these values have been instilled in him and he has a strong sense of duty. At the time of his incident, over ten years ago, he lacked the personal courage and was unable do the right thing. He regrets those choices but even if he could, he would not take them back, as they have made him into a stronger person regardless of the personal struggles they have created. f. During the last ten years, he has gone to college, married the woman of his dreams, maintained employment, and maintained a life free of poor and negative influences. At this point in time, he would like to support the Nation, rejoin the military, and serve the country with honor and distinction. To lead Solders and help them from making his mistakes, lending his strength and courage to help guide them to always do the right thing, regardless of influences. g. At this time, he has been told the U.S. Army would allow his entrance with a waiver, or an upgraded code. From his understanding they are accepting waivers but are not granting waivers, except those of "merit." He believes he can help our country and knows that if given the opportunity, he would excel. 3. The applicant enlisted in the Regular Army on 12 April 2006. 4. Special Court-Martial Order Number 4, issued by Headquarters, U.S. Army Signal Center, Fort Gordon, GA on 7 March 2008, shows the applicant was tried before a special court-martial on 6 November 2007. a. He was convicted of violations of the UCMJ: (1) Article 80 (Attempts), for attempting to steal money of a value of more than $500, the property of Allstate Insurance Company, on or about 29 December 2006. (2) Article 81 (Conspiracy), for conspiring with a Soldier and another individual to commit the offense of larceny of money, of a value of more than $500, the property of Allstate insurance Company, by filing a false affidavit of vehicle theft, between 1 December 2006 and 16 January 2007. (3) Article 107 (False official statements), for with intent to deceive, making an official statement (i.e., that he did not know what happened to his vehicle, or words to that effect), which was totally false and then known by him to be false, on or about 29 December 2006. (4) Article 86 (Absence without leave) (four specifications), for without authority, failing to be at his prescribed place of duty, on or about 20 August 2007 (two occasions) and on or about 21 August 2007 (two occasions). b. He was sentenced to be confined for a period of nine months and to be discharged with a bad conduct discharge. c. The Special Court-Martial Convening Authority approved the sentence on 7 March 2008 and, except for the part of the sentence extending to a bad conduct discharge, ordered the sentence executed. The record of trial was forwarded to The Judge Advocate General of the Army for review by the U.S. Army Court of Military Review. 5. The U.S. Army Court of Military Review affirmed the approved findings of guilty and the sentence. 6. Special Court-Martial Order Number 197, issued by Headquarters, U.S. Army Armor Center, Fort Knox, KY on 17 October 2008, noted that the applicant's court-martial sentence had been affirmed, and that portion of the sentence to confinement having been served and the provisions of Article 71(c) having been complied with, ordered the sentence to a bad conduct discharge duly executed. 7. The applicant was discharged on 27 March 2009. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 3, as a result of court-martial, other. His DD Form 214 confirms he was separated with a bad conduct discharge, his separation code was "JJD," and his RE code was "4." 8. The Army Discharge Review Board (ADRB) denied his request for an upgrade of his characterization of service on 12 March 2010. The ADRB found no mitigating factors that would warrant a change to the discharge and found no cause for granting clemency. 9. The applicant submitted an application to the ABCMR for an upgrade of his characterization of service. The ABCMR denied the application on 6 December 2006 finding no error or injustice. 10. The applicant provides letters of reference that attest to his potential, above- average intelligence, dedication, and work ethic. Additionally, he provides a summary of his family history, showing his family's history of military service dating back to the Revolutionary War. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and letters of support 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. His reentry code was properly provided as a result of his misconduct. The Board agreed a more favorable reentry code is not warranted in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :X :X :X DENY APPLICATION 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. 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): Not Applicable 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 (Separation Program Designator (SPD) Codes) provides the specific authorities for separating Soldiers from active duty and the separation codes to be entered on the DD Form 214. The separation code is an administrative code used to designate the narrative reason for separation. The separation code "JJD" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 3, by reason of sentence of a court-martial. The SPD/RE Code Cross Reference Table included in the regulation establishes that RE code "4" is the proper code to assign members separated with separation code "JJD." 3. Army Regulation 601–210 (Active and Reserve Components Enlistment Program) states an RE code is not upgraded unless it was administratively incorrect when originally issued. a. The RE code "1" applies to personnel who have completed their obligated term of active service and are considered qualified to reenter the U.S. Army if all other criteria are met. b. The RE code "3" applies to personnel who are not considered fully qualified for reentry or continuous service at time of separation, but whose disqualification is waivable. They are ineligible unless a waiver is granted. c. The RE code "4" applies to personnel separated from last period of active duty service with a nonwaivable disqualification. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000009 2 1