IN THE CASE OF: BOARD DATE: 4 March 2022 DOCKET NUMBER: AR20210014828 APPLICANT REQUESTS: a "clean" DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant states, in effect, he spoke with the U.S. Army Human Resources Command (AHRC) and the Army Archives on several occasions. The DD Form 214 provided is what is in his Official Military Personnel File (OMPF), there are no other DD Forms 214. The form is written on in several places, upper left corner, upper center, block 24 (Character of Service) and block 26 (Separation Code). Both agencies could not give a reason for the code in block 26. There are no additional notes for the code in block 26 or any other documentation. In addition, there are no other pages provided, e.g., 1, 3, or 4. 2. The applicant enlisted in the Regular Army on 9 November 1988. 3. On 9 March 2001, he received an under honorable conditions (general) discharge due to misconduct. 4. The applicant provides the Service-2 copy of his DD Form 214-Automated. This is the same copy resident in his OMPF. The copy contains some markings on and above the top margins of the form as well as the letter "B" in block 24. In block 26 "JKA" is circled. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record. 6. Table C-1 (Separation Program Designator (SPD) codes applicable to enlisted personnel) of Army Regulation 635-5-1 (SPD codes) states SPD code "JKA" corresponds to a pattern of misconduct in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Regulatory guidance provides for the circumstances in which the DD Form 214 may be reissued; the Board determined the reissuing criteria was not. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to depict the military service of the applicant more accurately. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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): Make the following administrative correction to the applicant's DD Form 214 for the period ending on 9 March 2001, without action by the Board: delete the Southwest Asia Service Medal and add the Southwest Asia Service Medal with 2 bronze service stars. REFERENCES: 1. Army Regulation 635-5-1 prescribes the specific authorities (statutory, regulatory, and Department of Defense (DOD)/Army policy) and reasons for separating Soldiers from active duty. Also, it prescribes when to enter SPD codes on the DD Form 214. SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data. This analysis may, in turn, influence changes in separation policy. The "JKA" SPD code is the code for members separating under the provisions of paragraph 14-12b of Army Regulation 635-200 by reason of a pattern of misconduct. 2. Army Regulation 635-5, in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the D Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record. a. Paragraph 2-5 (Distributing Copies) of Army Regulation 635-5 states, in effect, excluding copy 4, copies 1 through 8 of the DD Form 214 will not be distributed until a Soldier's separation date has occurred, and after ascertaining that the Soldier is alive and well and that his or her status has not changed. Copies 3, 5, 6, and 7 will be distributed on the first workday after the Soldier's separation date; however, complete distribution must occur no later than the fifth workday after the Soldier's separation date. b. Specific details for distributing the following eight copies will be as follows: (1) Copy 1: Presented or mailed to a Soldier on their transition date. (For discharged alien deserters, mail a reproduced copy of copy 1 to: U.S. DEPARTMENT OF STATE, ANNEX #2, WASHINGTON, DC 20520, and enter place of birth in Block 18.) (2) Copy 2: File in Soldier's record. (3) Copy 3: Mail to DEPARTMENT OF VETERANS AFFAIRS, DATA PROCESSING CENTER (214), 1614 E. WOODWARD ST, AUSTIN, TX 78772. (Reproduced copies will need to accompany health records.) (4) Copy 4: Present to a Soldier when he or she departs the Transition Center (TC) on permissive temporary duty and/or transition leave. (5) Copy 5: Mail to U.S. DEPARTMENT OF LABOR, UCX/UCFE CLAIMS CONTROL CENTER(LCCC), PO BOX 94246, BATON ROUGE, LA 70804–9246. (6) Copy 6: Mail to State Director of Veterans Affairs (VA), if the Soldier so requested by having checked "yes" in block 20. The Soldier must specify the State. (7) Copy 7: Forward to Installation Finance Office. (8) Copy 8: File copy is maintained by the TC along with a copy of Officer Record Brief/Enlisted Record Brief, DD Form 93 (Record of Emergency Data), and VA Form Servicemembers' Group Life Insurance (SGLV) 8285 (Request for Insurance) and VA Form SGLV 8286 (SGLV Election and Certificate). (These forms are maintained to provide pertinent data to recruiters for enlisted Soldiers reentering military service within 6–months of their transition. Record of emergency data information and SGLV forms are maintained to aid in processing any claims within 120 days of a Soldier's transition date). Records will be retained in the current files area as a 6–month file. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014828 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1