IN THE CASE OF:	  

		BOARD DATE:	    6 May 2010

		DOCKET NUMBER:  AR20090018297 


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 eligibility (RE) code 4 be changed so that he may enlist in the Army.

2.  The applicant states that he recognizes he made some mistakes while in the military.  He contends that he has learned and matured.  If given a chance he would make an excellent Soldier.  He has a family now and letting them down is not an option.  He is willing to do whatever it takes to be blessed with the opportunity to join the military again.

3.  The applicant provides no additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  On 14 August 2007, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 25B (Information Technology Specialist).

2.  On 30 October 2007, the applicant was assigned to Company B, 447th Signal Battalion, 15th Signal Brigade, located at Fort Gordon, Georgia.

3.  On 7 May 2008, the applicant was absent without leave (AWOL) and remained absent until his apprehension and return to military control on 20 July 2008.
4.  On 27 October 2008, the applicant was discharged in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10.  Accordingly, he was given a separation program designator (SPD) code KFS and an RE code 4.  His character of service was under other than honorable conditions.

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides 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 at any time after the charges have been preferred.  A discharge under other than honorable conditions is normally considered appropriate.

6.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.  RE 4 applies to persons separated from their last period of service with a non-waivable disqualification.  This regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.

7.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214 (Certificate of Release or Discharge from Active Duty).  The SPD code of KFS was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  Additionally, the SPD/RE Code Cross Reference Table establishes RE code 4 as the proper RE code to assign to Soldiers for this reason.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he has learned from his mistakes and wants his RE code changed so that he can reenlist in the military.

2.  The RE code 4, establishing his ineligibility for enlistment/reenlistment, was correctly entered on his separation document in accordance with governing regulations.  There is no evidence of error or injustice.

3.  There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the RE code 4.  While the applicant's desire to continue in the service to his country is commendable, there are no provisions authorizing the change of an RE code for this purpose.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090018297



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ABCMR Record of Proceedings (cont)                                         AR20090018297



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