IN THE CASE OF: BOARD DATE: 20 August 2009 DOCKET NUMBER: AR20090003660 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 that his Reentry (RE) code of RE-4 be changed. 2. The applicant states that his RE code prevents his reenlistment. He agrees he made a mistake by being absent without leave (AWOL), but he was young and very confused. He would love to serve his country again. 3. The applicant provides no additional documents in support of his application. He indicates on his application that he had attached a letter; however, this letter is not available. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 16 June 1998 at 17 years old. At the completion of basic training and advanced individual training, he was awarded military occupational specialty 11B (infantryman). His highest grade attained was private first class, E-3. 2. The applicant was discharged 5 June 2001 under the provisions of Army Regulation 635-200, chapter 10 in lieu of trial by court-martial. He completed 2 years and 9 months of active military service with 80 days of lost time due to AWOL. 3. His DD Form 214 shows he was issued a RE code of RE-4 and a Separation Program Designator (SPD) code of "KFS" (In Lieu of Trial by Court-Martial). 4. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows that the separation program designator “KFS” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “In Lieu of Trial by Court-Martial” and that the authority for discharge under this separation program designator is “AR 635-200, chapter 10." 5. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of AR 635-200, chapter 10 in lieu of trial by court-martial. 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 covers eligibility criteria, policies, and procedures for enlistment and 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. 7. RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable. DISCUSSION AND CONCLUSIONS: 1. The applicant states he made a mistake by going AWOL, but he was young and very confused. However, age is not sufficiently mitigating to warrant relief in this case. 2. The applicant’s request that his RE code of "4" be changed so that he may serve his country again was considered; however, it does not serve as a basis to change a properly assigned RE code regardless of the Army’s current enlistment policies. 3. The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed. His narrative reason for discharge was based on his request for discharge in lieu of trial by court-martial and there is no basis upon which this reason should be changed. In view of the foregoing, there is no basis for granting relief to the applicant in this case. 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. _______ _ X _______ ___ 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) AR20090003660 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003660 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1