IN THE CASE OF: 

		BOARD DATE: 24 January 2024

		DOCKET NUMBER: AR20230003666


APPLICANT REQUESTS:  A different, presumably more favorable, narrative reason for 
separation and his reentry eligibility (RE) code be changed from RE-3 to RE-1.

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

*	DD Form 293 (Application for the Review of Discharge)
*	Memorandum from Secretary of the Army; subject: Army Policy Implementing the 
Secretary of Defense Coronavirus Disease 2019 (COVID-19) Vaccination 
Mandate Rescission, dated 24 February 2023
*	In-service personnel Records

FACTS:

1.  The applicant states he was discharged for voluntarily canceling his religious 
exemption for the COVID-19 vaccine, because he felt ostracized being the only Soldier 
in his platoon with beliefs and culture that go against vaccination. 

2.  The applicant enlisted in the Regular Army, on 16 July 2012. He reenlisted on 7 July 
2015, 4 July 2017, 18 May 2018, and again on 24 August 2020.

3.  He served in Jordan from 16 September 2018 until 12 March 2019.

4.  The applicant received formal counseling on 5 January 2022 for failing to show for 
weekly COVID-19 testing. His immediate commander noted that all unvaccinated 
servicemembers, regardless of pending exemption, were required to conduct weekly 
testing.

5.  The available record is void of documents containing the specific facts of an 
exemption request.

6.  The applicant received formal counseling twice on 13 January 2022 for failing to 
show for weekly COVID-19 testing and notification that he was flagged due to his 
recommendation for Uniform Code of Military Justice (UCMJ) action.

7.  On 2 February 2022, the applicant accepted non-judicial punishment under Article 15 
of the UCMJ, for failing to obey a lawful order, by wrongfully not getting the weekly 
COVID test. His punishment included forfeiture of $1.00 pay and seven days extra duty.

8.  A Memorandum for Record, dated 2 February 2022, shows the applicant requested 
to withdraw his current pending religious exemption for the COVID-19 vaccine. He 
further detailed his spiritual reasons for refusing to be vaccinated.

9.  The applicant's record is void of a separation packet containing the specific facts and 
circumstances surrounding his discharge processing. However, a Fort Campbell, TN, 
Transition Center Memorandum, dated 10 February 2022, shows that the applicant was 
pending separation under the provisions of Army Regulation 635-200 (Personnel 
Separations – Enlisted Personnel), paragraph 14-12c, for COVID vaccination refusal.

10.  The applicant was discharged on 17 November 2022, in the rank/grade of 
sergeant/E-5. He was credited with 10 years, 4 months, and 2 days of net active service 
this period. His DD Form 214 (Certificate of Release or Discharge from Active Duty) 
contains the following entries in:

*	Item 24 (Character of Service) – Honorable
*	item 25 (Separation Authority) – AR [Army Regulation] 635-200
*	item 26 (Separation Code) – JKQ
*	item 27 (Reentry Code) – RE-3
*	item 28 (Narrative Reason for Separation) – Misconduct (Serious Offense)

11.  Additionally his DD Form 214 shows he was awarded or authorized the:

*	Army Commendation Medal
*	Army Achievement Medal (4th Award)
*	Good Conduct Medal (3rd Award)
*	National Defense Service Medal
*	Global War on Terrorism Service Medal
*	Noncommissioned Officer Professional Development Ribbon (2nd Award)
*	Army Service Ribbon
*	Overseas Service Ribbon
*	Parachutist Badge
*	Air Assault Badge
*	Expert Marksmanship Badge w/Carbine Bar
*	Driver and Mechanic Badge w/Driver-wheeled Vehicle(s) Clasp

12.  The Army Board for Correction of Military Records (ABCMR) staff requested that 
the applicant provide his separation file containing the specific reason for his discharge. 
However, he did not respond.

13.  The Secretary of Defense rescinded the mandate for members of the Armed 
Forces to be vaccinated against COVID-19, on 10 January 2023, and directed that no 
individuals currently serving in the Armed Forces shall be separated solely on the basis 
of their refusal to receive the COVID-19 vaccination if they sought an accommodation 
on religious, administrative, or medical grounds. Additionally, service members 
administratively discharged on the sole basis that the Service member failed to obey a 
lawful order to receive a vaccine for COVID-19, the Department is precluded by law 
from awarding any characterization less than a general (under honorable conditions) 
discharge. Former Service members may petition their Military Department's Discharge 
Review Boards and Boards for Correction of Military or Naval Records (BCM/NR) to 
individually request a correction to their personnel records, including records regarding 
the characterization of their discharge.

14.  In reaching its determination, the Board can consider the applicant's petition, 
arguments and assertions, and service record in accordance with the published equity, 
injustice, or clemency guidance.


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was 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 based on the Secretary of Defense guidance there is sufficient 
evidence to support correction of the applicant RE Code and narrative reason on his 
DD form 214. Based on this, the Board granted relief to correct his DD Form 214 to 
show his RE Code and 1 and his narrative reason as Secretarial Authority.

?
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:

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 his 
DD Form 214 to show in:

*	Item 27 (Reentry Code) 1
*	Item 28 (Narrative Reason for Separation) Secretarial Authority


	 
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.


REFERENCES:

1.  Army Regulation 601-210 (Regular Army and Army Reserve 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 3-6 provides:

*	RE code "1" applies to Soldiers completing an initial term of active service, who 
are considered qualified for enlistment if all other criteria are met.
*	RE code "2" is no longer in use but applied to Soldiers separated for the 
convenience of the government, when reenlistment is not contemplated, who are 
fully qualified for enlistment/reenlistment.
*	RE code "3" applies to Soldiers who are not considered fully qualified for reentry 
or continuous service at time of separation, whose disqualification is waivable – 
they are ineligible unless a waiver is granted.
*	RE code "4" applies to Soldiers separated from last period of service with a non-
waivable disqualification.

2.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides 
that separation codes are three-character alphabetic combinations that identify reasons 
for and types of separation from active duty.  Separation code narrative reasons are 
aligned with applicable regulatory authority paragraphs. The separation code "JKQ" is 
the appropriate code to assign Soldiers separated under the provisions of Army 
Regulation 635-200, for misconduct (serious offense).

3.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel. The version in effect at the time provided that:

	a.  An honorable discharge is a separation with honor and entitles the recipient to 
benefits provided by law. The honorable characterization is appropriate when the quality 
of the member'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.  A general discharge is a separation from the Army under honorable conditions.  
When authorized, it is issued to a Soldier whose military record is satisfactory but not 
sufficiently meritorious to warrant an honorable discharge.

   c.  Chapter 14 (Separation for Misconduct) established policy and prescribed 
procedures for separating members for misconduct. It states that action will be initiated 
to separate a Soldier for misconduct when it was clearly established that rehabilitation 
was impracticable or unlikely to succeed.

4.  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/NR) 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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20230003666


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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