IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025407 


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 eligibility (RE) code be changed from "4" to "3."

2.  The applicant states:

* he was young and arrogant
* he deserves a second chance, as does everyone

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 20 July 1989.  He enlisted in the Regular Army on 7 June 2007.  He completed training and was awarded military occupational specialty 11B (infantryman).  His charge sheet shows he was absent without leave (AWOL) on 21 March 2008 and he returned to military control on 7 April 2009.  Trial by special court-martial was recommended.  On 22 June 2009, he requested discharge in lieu of trial by court-martial.  He was discharged on 16 July 2009 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial.  He completed a total of 1 year and 28 days of creditable active service with 383 days of lost time.

2.  His DD Form 214 shows the following:
* item 25 (Separation Authority) – "Army Regulation 635-200, chapter 10"
* item 26 (Separation Code) –"KFS"
* item 27 (Reentry Code) –"4"
* item 28 (Narrative Reason for Separation) – "IN LIEU OF TRIAL BY COURT-MARTIAL"

3.  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.

4.  Army Regulation 635-200 states 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 and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 includes a list of the RE codes:

	a.  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.

	b.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

5.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD code of "KFS" will be given an RE code of 4.

DISCUSSION AND CONCLUSIONS:

1.  Age is not a sufficiently mitigating factor.  Although the applicant was 17 years of age when he enlisted, he completed his training.

2.  The evidence of record confirms the applicant's RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, chapter 10.  The RE code associated with this type of discharge is "RE-4."  Therefore, the applicant received the appropriate RE code associated with his discharge.

3.  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 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)                                         AR20100025407



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ABCMR Record of Proceedings (cont)                                         AR20100025407



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