BOARD DATE: 14 October 2009 DOCKET NUMBER: AR20090006910 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 be changed to a code which would allow him to reenter the military. 2. The applicant states that he had opened a new bank account prior to enlisting and was given temporary checks, but he left the checks at home when he went to training. He left many messages with the bank asking for checks to be mailed to him but never received a reply. When it got close to Christmas, the men in his unit took up a collection to buy him a bus ticket. So he bought a ticket to the home town of a friend he made in training. Upon his arrival he discovered that his friend was not there. He contacted the bank once again about them issuing him checks, and found a place to stay in his friend's home town. When he received his checks, he went to the nearest recruiter's office where he turned himself in. 3. The applicant provides a letter from a friend and excerpts from his military records. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military records show that he enlisted in the Regular Army on 25 September 2001. He did not complete initial entry training and he was not awarded a military occupational specialty. 3. Court-martial charges were preferred against the applicant for being absent without leave (AWOL) from 5 January to 3 April 2002. 4. On 10 April 2002, the applicant requested discharge in lieu of trial by court-martial. In that request the applicant stated ". . . under no circumstances do I desire further rehabilitation, for I have no desire to perform further military service." 5. The applicant's request was approved by the appropriate authority and he was discharged under other than honorable conditions on 31 May 2002. The DD Form 214 he was issued shows he was assigned a separation code of "KFS" and an RE code of RE-4. 6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 7. Army Regulation 601-210, Active and Reserve Components Enlistment Program, provides guidance on RE codes. This regulation states that RE-1 applies to individuals who were fully qualified when last separated. Soldiers assigned an RE-1 are fully qualified for enlistment. RE-3 applies to individuals who are not qualified for continued Army service, but the disqualification is waiverable. Soldiers assigned an RE-3 are ineligible for enlistment unless a waiver is granted. RE-4 applies to individuals separated from last period of service with a nonwaiverable disqualification. Soldiers assigned an RE-4 are ineligible for enlistment. 8. The Separation Program Designator (SPD)/Reentry (RE) Codes Cross Reference Table shows the SPD code for a discharge under Army Regulation 635-200, Chapter 10 is "KFS" and the SPD code is to be assigned the RE code of “4.” DISCUSSION AND CONCLUSIONS: 1. The applicant does not claim that there was any error or injustice in his discharge, and no error or injustice is found. 2. As such, the applicant was properly discharged under the provisions of Army Regulation 635-200, Chapter 10 and assigned the SPD code of "KFS" and the RE code of “4.” 3. The applicant states that he had no checks to use to buy a bus ticket back to his unit and had to wait until his bank mailed him checks. While there is no way to confirm or deny this contention, the statement would be more believable if the applicant had not been AWOL for almost 3 months. 4. Since the applicant has not provided any matters which would mitigate his actions, there is no basis for changing a properly-assigned RE code. 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) AR20090006910 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090006910 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1