IN THE CASE OF: 

		BOARD DATE: 23 August 2023

		DOCKET NUMBER: AR20220011902


APPLICANT REQUESTS:  

*	to correct his discharge rank from private (PV2)/E-2 to specialist (SPC)/E-4
*	change his Reentry (RE) code from "3" to "1"
*	personal appearance before the Board 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Headquarters, United States Recruiting Command Memorandum for Record 
(MFR), 28 October 2019 

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States 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, in effect, that the military does not have his discharge packet to 
show what he was discharged with, counseling or proof of why it was a pattern of 
misconduct. He was promoted twice when he was in the Army and received back-pay 
after receiving SPC/E-4 pay. 

3.  A review of the applicant's military record shows the following:  
	
	a.  He enlisted in the Regular Army on 6 November 2012.  

	b.  On 23 July 2015, the Headquarters, 25th Sustainment Brigade commander 
directed the applicant be discharged from the Army under the provisions of Army 
Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), Chapter 14-
12b, for a pattern of misconduct, and further directed his service be characterized as 
general, under honorable conditions. His rank was shown as PV2.       

	c.  On 10 August 2015 – 

		(1)  Orders Number 222-0018 published by the United States Army Garrison 
Hawaii assigned the applicant to Schofield Barracks Transition Center for separation 
processing only with a report date of 28 August 2015. His rank was shown as PV2.

		(2)  An Enlisted Record Brief (ERB) shows the following pertaining to his 
promotions:

*	private first class (PFC)/E-3 with a date of rank of 6 November 2012
*	PV2 with a date of rank of 9 April 2014

   d.  The applicant's ERB does not show a promotion to the rank of SPC. Likewise, his 
record does not contain a DA Form 4187 (Personnel Action) promoting him to the rank 
of SPC. 

	e.  On 24 August 2015, the applicant completed and signed a DD Form 2648 (Pre-
separation Counseling Checklist for Active Component, Active Guard Reserve, Active 
Reserve, Full Time Support, and Reserve Program Administrator Service Members) 
which shows his grade as E-2.  

	f.  On 31 August 2015, he was discharged with a characterization of under 
honorable conditions (general) by reason of "pattern of misconduct." DD Form 214 
shows in item 4a (Grade, Rate or Rank) PV2 and item 27 (Reentry Code) shows "3."

	g.  On or about 13 February 2023, the Army Discharge Review Board (ADRB) 
denied the applicant's request to change his characterization of service, reason for 
discharge, and RE code. The ADRB also informed the applicant that his request to 
change his rank from E-2 to E-4 would be addressed by the ABCMR in a separate 
document under docket number AR20220011902. 

4.  The applicant provides an MFR from Headquarters, United States Recruiting 
Command (USAREC), Noncommissioned Officer In-charge-G3, USAREC Liaison 
Team, which states the requested U.S. Army separation case file for patterns of 
misconduct, other than the DD Form 214 and separation order, is not on file at the 
National Personnel Records Center.


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 Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation. Upon review of the applicant’s petition and available military records, the 
Board determined his record is absent evidence that shows he was promoted to SPC/E-
4 prior to his discharge.  Based on regulatory guidance, promotion to SPC/E-4 are 
announced with official orders.  The Board agreed the request for relief has no merit as 
the available evidence does not support the applicant was ever promoted to the rank of 
SPC. In addition, the Bord determined there was insufficient evidence of in-service 
mitigating factors for the misconduct that would warrant a change to the applicant’s RE-
Code.  The Board denied relief and voted the reentry code should remain the same.

2.  This board is not an investigative body.  The Board determined despite the absence 
of the applicant’s separation records, they agreed the burden of proof rest on the 
applicant, however, he did not provide any supporting documentation and his service 
record has insufficient evidence to support the applicant contentions of his promotion to 
specialist. 

3.  The applicant’s request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision.  As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice 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):  N/A 


REFERENCES:

1.  Title 10, USC, 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 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 (AR) 15-185 (ABCMR), states that the ABCMR begins its 
consideration of each case with the presumption of administrative regularity. It will 
decide cases based on the evidence of record and it is not an investigative body. The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.  Paragraph 2–11 states that applicants do not have a right to a hearing before 
the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice 
requires.  

3.  AR 635-8 (Separation Processing and Documents) prescribes the transition 
processing function of the military personnel system. 

	a.  Paragraph 5-1 (When to prepare the DD Form 214) states, the DD Form 214 is a 
summary of the Soldier's most recent period of continuous active duty. It provides a 
brief, clearcut record of all current active, prior active, and prior inactive duty service at 
the time of release from active duty, retirement, or discharge.

	b.  Paragraph 5-6 (Rules for completing the DD Form 214) provides detailed 
instructions for data required in each block of the DD Form 214. The specific 
instructions for Block 4 (Grade, Rate, or Rank) state to verify that active duty grade or 
rank and pay grade are accurate at time of separation.     

4.  AR 635-200 (Active Duty Enlisted Administrative Separations) provides the basic 
authority for the separation of enlisted personnel. Chapter 3, Section II provides the 
authorized types of characterization of service or description of separation.

a.	Paragraph 3-7a states an Honorable discharge is a separation with honor and is
appropriate when the quality of the Soldier’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel or is otherwise so 
meritorious that any other characterization would be clearly inappropriate.

b.	Paragraph 3-7b states a General discharge is a separation from the Army under
honorable conditions and is issued to a Soldier whose military record is satisfactory but 
not sufficiently meritorious to warrant an honorable discharge.

   c.	Paragraph 5-3 (Secretarial plenary authority) states Separation under this 
paragraph is the prerogative of the Secretary of the Army. Secretarial plenary 
separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used 
when no other provision of this regulation applies, and early separation is clearly in the 
best interest of the Army. Separations under this paragraph are effective only if 
approved in writing by the Secretary of the Army or the Secretary’s approved designee 
as announced in updated memorandums.

5.  AR 601-210 (Regular Army and Reserve Components Enlistment Program) governs 
eligibility criteria, policies, and procedures for enlistment and processing of persons into
the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per 
DODI 1304.26. It also prescribes the appointment, reassignment, management, and 
mobilization of Reserve Officers’ Training Corps cadets under the Simultaneous 
Membership Program. Chapter 4 provides the criteria and procedures for waiverable 
and nonwaiverable separations. Table 3-1 defines reentry eligibility (RE) codes:

   a.	RE-1 Applies to: Person completing his or her term of active service who is 
considered qualified to reenter the U.S. Army. Eligibility: Qualified for enlistment if all 
other criteria are met.

   b.	RE-3 Applies to: Person who is not considered fully qualified for reentry or 
continuous service at time of separation, but disqualification is waiverable. Eligibility: 
Ineligible unless a waiver is granted.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220011902


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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