ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 April 2019 DOCKET NUMBER: AR20190003575 APPLICANT REQUESTS: * an upgrade of his under honorable conditions (general) discharge * change of reentry code from 3 to 1 * change of narrative reason for separation from misconduct to “administrative” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Self-written statement FACTS: 1. The applicant states: a. He is trying to come back into the Army on active duty, and he needs a waiver because of the re-enlistment code of 3 and the narrative reason for separation based misconduct, absent without leave (AWOL). b. He first joined the Marines at the age of 19, right out of high school. After being there for 3 weeks or more, he thought at that time he could not handle it, and that it wasn't for him so he requested to be released, which they did. He accepts responsibility for his immaturity, and not finishing what he had started. He was only 19 at that time, and he did not even know who he was or what he wanted in life. c. After being out for a while, he really missed the military, so he joined the Army. He went through boot camp and advanced individual training (AIT), for which he completed. Once he got to his first duty station he wanted to get married, and his supervisor told him that he could go [get married], but to make sure he brought the proper paperwork back. He left and 3 to 4 days later he returned, but he was considered to be AWOL. His supervisor who authorized him to leave did not own up to the fact that he gave him permission to leave, so he was processed out. He had no idea at that time how to fight that situation or even if he had the right to fight it, because he was wrong and he should have put in leave papers. He did not submit a request for leave and was discharge out of the Army. He feels the penalty was too harsh. d. He is trying to get back into the Army and once again and needs a waiver. The recruiter told him that if he reentry (RE) code was changed then the waiver would not be necessary. He is much older and mature now, and see life from a very different perspective. He hopes and prays for that he will be given another opportunity to go back in the Army. He feels that he would be a benefit rather than a liability and would not have to be retrained. He wants to be a mentor to younger Soldiers, in order to prevent them from making the same mistakes as he did. The applicant wants it to be known that he has learned from his mistakes. 2. On 16 April 2012, prior to enlisting in the Regular Army, the applicant entered the U.S. Marine Corps (USMC) and was discharged from the USMC based on fraudulent entry into the military service on 4 May 2012. He was given an entry level separation and his character of service was uncharacterized. He completed 19 days of net active service. 3. On 5 February 2013, he enlisted in the Regular Army for a period of 3 years and 16 weeks. 4. The complete facts and circumstances surrounding his discharge are not available for review with this case. However, his records contain a DD Form 214 that shows: * Date of Separation: 12 December 2013 * Character of Service: under honorable conditions (general) * Net Active Service this Period: 10 months and 8 days * Separation Authority: Army Regulation (AR) 635-200, Chapter 14-12c(1) * Narrative Reason for Separation: Misconduct (AWOL) * Separation code (SPD): JKD * Reentry Code: 3 * Lost Time: 22 to 23 July 2013 and 26 to 28 July 2013 (3 days) * He was awarded or authorized: * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon 5. On 11 March 2015, the applicant applied to the Army Discharge Review Board (ADRB) requesting an upgrade of his discharge to honorable. On 12 January 2017, the ADRB informed him his request was denied. 6. Army Regulation 635-200, chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. The AR also provides that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptance conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be inappropriate. 7. 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 and provides that 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. 8. Army Regulation 635-5-1 (Personnel Separations - SPD) defines the separation codes used on the DD Form 214. The regulation shows the SPD code of JKD (misconduct, AWOL) is used for involuntary discharges done under the provisions of Army Regulation 635-200. 9. 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 "JKD" has a corresponding RE code of 3. 10. His record shows he had approximately 3 days of AWOL and is void of evidence that provides the specific circumstances surrounding his separation. In reaching its determination, the Board can consider the applicant's petition, his service record, and his statements in light of the published DOD guidance on equity, injustice, or clemency. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, his statement, the evidence in the record and published DoD guidance for consideration of discharge upgrade requests. The Board discussed the nature of his misconduct, the length of his service and did not find mitigating factors. The Board considered clemency guidance and determined that his character of service and the corresponding SPD and RE Codes were appropriate for the misconduct leading to his separation. 2. After reviewing the application and all supporting documentation, the Board determined that relief was not warranted. 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. 5/31/2019 X X CHAIRPERSON X 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. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), sets forth the basic authority for separation of enlisted personnel. a. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. b. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptance conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be inappropriate. 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 4. Army Regulation 635-5-1 (Personnel Separations - SPD) defines the separation codes used on the DD Form 214. The regulation shows the SPD code of JKD (misconduct, AWOL) is used for involuntary discharges done under the provisions of Army Regulation 635-200, paragraph 14-12c(2). 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 "JKD" has a corresponding RE code of 3. 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. a. 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. b. 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.