1. Applicant's Name: a. Application Date: 15 July 2016 b. Date Received: 21 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation, to include the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, due to no fault of his own, he is unable to reenlist until this matter is resolved. Per the Board's Medical Officer, based on the information available for review at the time, unable to determine a nexus due to missing basis of separation in 2002 for the applicant for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from October 2010 thru August 2011 (Note: implementation began ~2003). No paper service treatment record (STR) from the 2001-2002 service period available for review. There were no clinical notes or radiology reports available for review. The lab results from Aug 2011 was reviewed. In a personal appearance hearing conducted at Arlington, VA on 10 April 2017, and by a 5-0 vote, the Board determined the discharge is now inequitable. The Board found the applicant's personal testimony and his post service accomplishments, as annotated in the case report and directive, since his discharge mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason for separation to Secretarial Authority and the reentry eligibility (RE) code to 1. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / Honorable b. Date of Discharge: 4 December 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 September 2001 / 6 years b. Age at Enlistment / Education / GT Score: 20 /HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: 11B10, Infantryman / 1 year, 2 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application; DD Form 214; and US Army Reserves reassignment orders C-12-529298. 6. POST SERVICE ACCOMPLISHMENTS: The applicant transferred into the Army Reserve for the remainder of his eight year obligation. He fulfilled his obligation to the Army Reserves, was able to extend for a year, and reenlisted for an additional six years. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c(1), Misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKD" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests a change to the narrative reason for separation, to include the reentry eligibility (RE) code. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant requested a change to the narrative reason for separation to include the RE code. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(1) misconduct. The regulation further stipulates that no deviation is authorized. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKD" will be assigned an RE Code of 3. The applicant seeks relief contending, due to no fault of his own, he is unable to reenlist until this matter is resolved. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. It is the applicant's responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. Documents / Testimony Presented During the Personal Appearance: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Three character reference letters. b. The applicant presented the following additional issues. c. Witness(es) / Observer(s): None. 10. Board Determination: In a personal appearance hearing conducted at Arlington, VA on 10 April 2017, and by a 5-0 vote, the Board determined the discharge is now inequitable. The Board found the applicant's personal testimony and his post service accomplishments, as annotated in the case report and directive, since his discharge mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason for separation to Secretarial Authority and the reentry eligibility (RE) code to 1. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF/ Change RE code to 1 f. Restore Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160012436 1