1. Applicant's Name: a. Application Date: 29 March 2017 b. Date Received: 10 April 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a narrative reason change and a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, believes the RE code should be a 1. The applicant received an honorable discharge, was not involved in misconduct and desires to return to military service. In a records review conducted at Arlington, VA on 24 October 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Non-Retention On Active Duty / AR 635-200 / Chapter 4 / JGH / RE-4 / Honorable b. Date of Discharge: 1 May 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 January 2016 (2) Basis for Separation: Orders C 01-601124, reflects the applicant was reattached to the Commander, US Army Garrison, for separation processing. He was released from the US Army Reserve Active Guard Reserve effective: 1 May 2016. (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 26 January 2016 / HD 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 June 2010 / 6 years (AGR) b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-7 / 79V40, Retention and Transition NCO / 14 years, 8 months, 26 days d. Prior Service / Characterizations: RA, 6 August 2001 - 5 August 2005 / HD USAR, 6 August 2005 - 29 April 2007 / NA AGR, 30 April 2007 - 10 June 2010 / HD e. Overseas Service / Combat Service: SWA / Kuwait (20 July 2004 - 19 July 2005) f. Awards and Decorations: ARCOM-3, AAM-2, AGCM-3, NDSM, GWOTEM, GWOTSM, NCOPDR-2, ASR, OSR, ARCOTR g. Performance Ratings: 3 May 2010 - 15 August 2012 / Fully Capable 16 August 2012 - 15 August 2013 / Fully Capable 16 August 2013 - 12 September 2014 / Marginal 13 September 2014 - 15 July 2015 / Fully Capable 16 July 2015 - 26 April 2016 / Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: Orders C 01-601124 as described in previous paragraph 3c. The applicant's DD Form 214, reflects he was not transferred to the USAR Control Group and he did not have a Reserve Obligation Termination Date. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 19 contains policies and procedures for voluntary and involuntary separation, for the convenience of the Government, of RA NCOs and USAR NCOs serving in AGR status, under the QMP. NCOs whose performance, conduct, and/or potential for advancement do not meet Army standards, as determined by the approved recommendations of HQDA centralized selection boards responsible for QMP screening, will be denied continued service. Paragraph 19-12 applies to Soldiers who choose not to appeal the QMP selection for denial of continued service, or whose appeal is denied, will be involuntarily discharged. Soldiers who elect to appeal but fail, without compelling justification, to submit the appeal within the time prescribed by paragraph 19-11b, will also be involuntarily discharged. Army policy states the service of personnel separated under this paragraph will be characterized as honorable. 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 "JGH" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 19, paragraph 19-12, non-retention on active duty. 8. DISCUSSION OF FACT(S): The applicant requests a separation code change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. 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. 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 "JGH" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 19, paragraph 19-12, non-retention on active duty. The regulation further stipulated no deviation is authorized. Further, the Soldier will be assigned an RE Code of 4. The service record reflects someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, Chapter 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) list the separation authority as AR 635-200, paragraph 19-12. The applicant contends that he had good service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. 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 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof since the discharge packet is not available in the official record. Notwithstanding the administrative errors, based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 24 October 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170005567 1