IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080017773 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his reentry (RE) code be changed so he can enlist.

2.  The applicant states, in effect, that the Army Discharge Review Board (ADRB) upgraded his discharge, that he would like to reenter the military, and that the ADRB found his discharge too harsh and inequitable.  

3.  The applicant provides a copy of the ADRB proceedings in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 November 2005.  He trained as an infantryman and attained the rank of private first class (PFC)/E-3.

2.  On 19 June 2006, charges were preferred against the applicant for adultery, breaking restriction (two specifications), larceny, violating a lawful general order, disobeying a lawful command, failure to report (four specifications), and being absent without leave (AWOL) form 12 June 2006 to 13 June 2006.  On 20 June 2006, he voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10 (Discharge in Lieu of Trial by Court-Martial).  The separation authority approved the applicant’s request on 19 July 2006.  He was 

discharged under other than honorable conditions on 21 July 2006 under the provisions of Army Regulation 635-200, chapter 10, by reason of in lieu of trial by court-martial.  He had served 7 months and 13 days of creditable active service with 37 days of lost time due to AWOL and military confinement (13 June 2006 to 19 July 2006).

3.  Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, CHAP [chapter] 10."  Item 26 (Separation Code) on his DD Form 214 shows the entry, "KFS."  Item 27 (Reentry Code) on his DD Form 214 shows the entry, "4."  Item 28 (Narrative Reason for Separation) shows the entry, "IN LIEU OF TRIAL BY COURT-MARTIAL."

4.  On 20 February 2008, after examining the applicant's record of service, hearing the applicant's testimony, and considering the Board analyst's recommendation and rationale, the ADRB determined that the applicant's characterization of service was too harsh and as a result, was inequitable.  Therefore, the ADRB upgraded the applicant’s under other than honorable conditions discharge to a general discharge.

5.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation states the reason for discharge based on separation code "KFS" is "In lieu of trial by court-martial" and the regulatory authority is Army Regulation 635-200, chapter 10.

6.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes.

   a.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.

   b.  RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.

   c.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
7.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD of "KFS" will be given an RE code of 4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code should be changed so he can reenter the military.

2.  The applicant has not submitted any evidence that would warrant a change to his RE code.  His RE code was administratively correct and in conformance with applicable regulations at the time of his separation.  Therefore, there is no basis for granting the requested relief.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________xxx____________
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080017773



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ABCMR Record of Proceedings (cont)                                         AR20080017773



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