| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Thomas B. Redfern | Member | |
| Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: That his Reentry Eligibility (RE) Code be changed to a more favorable code.
APPLICANT STATES: In effect, that he requests that his reenlistment code be changed because he may rejoin the Army and prove to himself and his country that he is “worthy” to be a part of the Army’s positive functions. The applicant did not submit any documents in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 16 March 1999 for a period of six years. He completed basic combat training at Fort Benning, Georgia and was further assigned to Fort Gordon, Georgia, for advanced individual training (AIT).
While in AIT, the applicant was AWOL from 7 October 1999 through 18 November 1999. Charges were preferred against the applicant on 23 November 1999 for this period of AWOL.
On 24 November 1999, the applicant consulted with legal counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. In doing so, he admitted guilt to the offenses charged and acknowledged that he might encounter substantial prejudice in civilian life and that he might be ineligible for many or all benefits administered by the Veterans Administration (VA) if an under other than honorable conditions (UOTHC) discharge were issued. The applicant did not submit a statement in his own behalf.
On 13 April 2000, the separation authority approved the applicant’s request for discharge and directed an UOTHC discharge. The applicant was discharged on 5 May 2000. He completed 1 year and 7 days of active military service with 43 days of lost time. His DD Form 214 shows he was discharged with a separation code of “KFS” (For the Good of the Service – In Lieu of Trial by Court-Martial) and issued a RE code of RE-4.
On 23 January 2002, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge.
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.
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 shows that the separation program designator “KFS” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “For the Good of the Service – In Lieu of Trial by Court-Martial” and that the authority for discharge under this separation program designator is “AR 635-200, Chapter 10.”
Additionally, SPD/RE Code Cross Reference Table, dated October 1999, establishes RE Code 4 as the proper reentry code to assign to soldiers separated for this reason.
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.
Table 3-6 of Army Regulation 601-210, in effect at the time, lists the Armed Forces RE Codes. In pertinent part, this table states that RE-4 applies to persons with nonwaivable disqualifications including adverse RE codes. Paragraph 3-6 states that RE codes are not upgraded unless they are administratively incorrect when originally issued.
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 applicant’s DD Form 214 shows he was discharged with a separation code of “KFS” (For the Good of the Service – In Lieu of Trial by Court-Martial) and was assigned a RE code “4” in accordance with the governing regulation in effect at the time.
2. The contentions of the applicant have been noted by the Board. However, he has failed to show through the evidence submitted or the evidence of record that the reenlistment code issued to him was administratively incorrect, or in error or unjust. Therefore, his DD Form 214 is correct as currently constituted and there is no basis to change his reentry code.
3. The Board considered the applicant’s request that this RE Code be changed so that he can rejoin the Army to prove he can be a good soldier. However, evidence of record shows that his administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. The Board does not change characterization of discharges or change RE Codes solely to allow former soldiers to reenlist.
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
FNE_____ TBR_____ DPH_____ DENY APPLICATION
| CASE ID | AR2002067555 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020305 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 20000505 |
| DISCHARGE AUTHORITY | AR635-200,chapter 10 |
| DISCHARGE REASON | For the Good of the Service – In lieu of trial by court-martial |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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