| Mr. Carl W. S. Chun | Director | |
| Mrs. Carolyn G. Wade | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: That his reentry eligibility (RE) code be changed from RE-4 to RE-3.
APPLICANT STATES: That he is still a soldier at heart and wants to make up for his wrongdoings; he is asking for another chance to be a soldier again and wants his RE code changed in order to join the Reserve. He states that his misconduct was the result of marital/family problems that he did not know how to handle and adds that he sought help from his chain of command and from several chaplains. In support of his application, the applicant submitted a statement in his own behalf and two copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 17 February 1998. He enlisted for the Station of Choice Enlistment Option, Fort Hood, Texas. Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 11M, Infantryman, and assigned to Fort Hood as his first permanent duty station.
On 1 February 2000, the applicant went AWOL (absent without leave) and remained AWOL through 28 September 2000. On 12 October 2000, court-martial charges were preferred against the applicant for 241 days of AWOL.
On 13 October 2000, counsel advised the applicant of his rights and the consequences of requesting discharge under the provisions of chapter 10, Army Regulation (AR) 635-200. On the same date, after being advised by counsel of his rights, the applicant, voluntarily and in writing, requested discharge under the provisions of chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial. The applicant did not submit a statement in his own behalf.
On 19 March 2001, the appropriate authority approved the applicant’s request for discharge and directed issuance of a under other than honorable conditions (UOTHC) discharge. Accordingly, on 4 April 2001, the applicant was discharged from the Army after completing 2 years, 5 months, and 17 days of creditable military service and amassing 241 days of lost time. His DD Form 214 reflects the narrative reason for separation as "in lieu of trial by court-martial," with a separation code of KFS, and an RE code of RE-4.
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.
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 (RA) and the US 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. RE-4 applies to persons not qualified for continued Army service.
Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code. Soldiers separated in lieu of trial by court-martial are issued an RE code of RE-4.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board noted the applicant's contention that he sought assistance from his chain of command and several chaplains to help him solve his marital problems. However, the evidence of record does not support the applicant's contention, nor has he provided any corroborating evidence to support it.
2. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.
3. The Board carefully reviewed the applicant’s records and determined that his RE code of RE-4 is the appropriate code for his narrative reason for discharge.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___dhp___ ____kan_ ___mhm_ DENY APPLICATION
| CASE ID | AR2002066427 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020514 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 20010404 |
| DISCHARGE AUTHORITY | AR 635-200, chapter 10 |
| DISCHARGE REASON | In lieu of trial by court-martial |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Director |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | DRB | CY2009 | AR20090018188
Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states; "DEAR SIR OR MADAM I WAS YOUNG AND VERY STUPID FOR WHAT I DID I WAS HAVING MARITAL PROBLEMS AND STATIONED AT FORT HOOD TEXAS JUST RETURNING FROM A HARDSHIP TOUR IN KOREA AND MY WIFE LEFT ME AND WENT BACK TO OHIO WITH OUR NEW DAUGHTER AND AT THE TIME I DID EHAT I THOUGHT WAS RIGHT AND WENT TO SEE IF I COULD SAVE THE MARRIAGE TO NO AWAIL SO THEEFOR I WAS AWOL AND DROPPED FROM ROLLS I WOULD VERY MUCH LIKE TO...
ARMY | DRB | CY2006 | AR20060007485
On 3 May 2000, the separation authority approved the discharge with an under other than honorable conditions discharge. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.
ARMY | BCMR | CY2008 | 20080017031
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that the SPD code KFS is the appropriate code to assign to Soldiers separated under the provisions of Chapter 10, Army Regulation 635-200, in lieu of trial by court-martial. Absent any evidence of error or injustice in the discharge process, the assigned RE-4 code was proper and equitable based on the authority and reason for his discharge, and it remains valid.
ARMY | DRB | CY2011 | AR20110006579
Applicant Name: ????? The unit commander and intermediate commander's recommended approval of an under other than honorable conditions discharge. 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 a discharge for the good of the Service in lieu of trial by court-martial.
ARMY | DRB | CY2010 | AR20100026511
Applicant Name: ????? Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he was a newly wed and they were going through some problems, just as he was going through some problems himself with overcoming his 15 months deployment to Afghanistan. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of it prior to requesting discharge.
ARMY | BCMR | CY2006 | 20060006050C070205
In his request the applicant stated he understood he could request discharge in lieu of trial by court-martial because charges had been filed against him under the Uniform Code of Military Justice (UCMJ), which could authorize the imposition of a bad conduct or dishonorable discharge. The applicant stated that he understood that if his request were accepted, he could be discharged under conditions other than honorable. In this agreement, he entered a plea of guilty to the charge and its...
ARMY | BCMR | CY2012 | 20120005068
Application for correction of military records (with supporting documents provided, if any). The applicant states his ex-wife was the cause of his discharge from the military. On 10 December 1991 after consulting with counsel, the applicant submitted a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10.
ARMY | BCMR | CY2011 | AR20110015606
Applicant Name: ????? On 8 May 2003, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge. Legal Basis for Separation: Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2011 | 20110012977
He states: * he needs these codes changed so he can enlist in the Army * his discharge was upgraded from under other than honorable conditions (UOTHC) to uncharacterized * his wife was very ill with lupus at the time and she was unable to care for herself and their children 3. Army Regulation 635-200 states that individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty. The applicant's request that his RE...
ARMY | DRB | CY2011 | AR20110018663
Applicant Name: ????? 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 a discharge for the good of the Service in lieu of trial by court-martial. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records, the issue and documents submitted with the application, the analyst found...