BOARD DATE: 27 May 2010 DOCKET NUMBER: AR20090020210 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 his reentry (RE) code be changed to a "3" or better so he can reenter the Army. 2. The applicant states: * he wants to reenter military service * he went absent without leave (AWOL) because his father-in-law was dying of cancer * his wife needed help because she was taking care of her disabled mother, grandfather, and stepfather * he believed at the time he was doing the right thing * he made a huge mistake * he is sorry * he accepts responsibility for his actions * since his discharge he has not been in any trouble * he has done a lot of growing up since his discharge 3. The applicant provides: * a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) * his father-in-law's Certificate of Death * two letters of recommendation CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 16 November 2005. The applicant went AWOL on 3 April 2006 and he returned to military control on 29 July 2007. Charges were preferred against the applicant for the AWOL period. On 16 August 2007, the applicant requested discharge in lieu of trial by court-martial. He was discharged on 14 November 2007 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, in lieu of trial by court-martial. He had served a total of 8 months and 2 days of creditable active service with 482 days of time lost. 2. The applicant's DD Form 214 shows the following: * Item 25 (Separation Authority) shows the entry "AR [Army Regulation] 635-200, CHAP [chapter] 10" * Item 26 (Separation Code) shows the entry "KFS" * Item 27 (Reentry Code) shows the entry "4" * Item 28 (Narrative Reason for Separation) shows the entry, "IN LIEU OF TRIAL BY COURT-MARTIAL." 3. In support of his claim, the applicant provided two letters of recommendation, one from his wife and the other from his wife's uncle. His wife attests it was her fault and she feels responsible for her husband going AWOL because she was not strong enough to take care of three disabled people with one of them dying of cancer. His wife's uncle states the applicant helps people and deserves a second chance. 4. 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 separation program designators 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. 5. Army Regulation 635-200 states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Table 3-1 included a list of the RA RE codes: a. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment. b. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted. c. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated. 6. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given a SPD code of "KFS" will be given an RE code of 4. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant’s RE code was assigned based on the fact that he was discharged under the provisions of Army Regulation 635-200, chapter 10. The RE code associated with this type of discharge is an "RE-4." Therefore, the applicant received the appropriate RE code associated with his discharge. 2. The applicant's 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 applicant's 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. ____________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) AR20090020210 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090020210 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1