| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Raymond V. O'Connor | Chairperson | |
| Mr. Stanley Kelley | Member | |
| Mr. John P. Infante | Member |
APPLICANT REQUESTS: That his Reentry Eligibility (RE) Code be changed from RE-4 to RE-2 or RE-3.
APPLICANT STATES: That documentation supporting a RE code of RE-4 has not been submitted in his record. He also states that his record does not contain any negative counseling statements.
In support of his application, he submits a copy of his DA Form 31 (Request and Authority for Leave); four DA Forms 4856 (General Counseling Form); Annex B (Training Briefs Conducted); DA Form 5286-R (Individual Basic Training, Advanced Individual Training; One Station Unit Training);
DA Form 4986 (Personal Property Record); and a Memorandum for Record.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 1 November 2000 for a period of four years. He completed basic combat training at Fort Benning, Georgia, and was further assigned for Fort Sam Houston, Texas, for advanced individual training (AIT).
Records show the applicant was AWOL from 6 June 2001 to 20 September 2001. Charges were preferred against the applicant on 27 September 2001 for this period of AWOL.
On 28 September 2001, 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 statements in his own behalf.
On 29 March 2002, the separation authority approved the applicant’s request for discharge and directed an UOTHC discharge. The applicant was discharged on 15 April 2002. He completed 1 year, 1 month and 28 days of active military service with 106 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.
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. 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.
4. 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
RVO_____ SK______ JPI_____ DENY APPLICATION
| CASE ID | AR2002071220 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020718 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 20020415 |
| 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 | Mr. Chun |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001066268C070421
The Board considered the following evidence: 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. The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.
ARMY | BCMR | CY2004 | 20040003037C070208
Jonathon K. Rost | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be...
ARMY | BCMR | CY2003 | 2003088726C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: 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.
ARMY | BCMR | CY2005 | 20050000233C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 5 December 2001 the separation authority approved the applicant’s request for discharge and directed that he receive an under other than honorable conditions (UOTHC) discharge under the provisions of chapter 10, Army Regulation 635-200. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned...
ARMY | BCMR | CY2002 | 2002067555C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 23 January 2002, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his 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 discharge for the good of the service in lieu...
ARMY | BCMR | CY2001 | 2001061830C070421
EVIDENCE OF RECORD : The applicant's military records show: 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. In view of the circumstances in this case, Board concludes the UOTHC characterization of service and RE-4 code assigned the applicant upon his discharge...
ARMY | BCMR | CY2003 | 2003088163C070403
EVIDENCE OF RECORD : The applicant's military records show: However, the record does include a properly constituted separation document (DD Form 214) that confirms the authority and reason for the applicant’s discharge. By regulation, SPD code KFS and RE-4 code are the proper codes to assign members separating under the provisions of chapter 10, Army Regulation 635-200, in lieu or trial by court-martial.
ARMY | BCMR | CY2004 | 04101074C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 635-5-1 prescribes specific authorities, reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. 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 | DRB | CY2005 | 20050010952
The applicant’s record shows he enlisted in the Regular Army and entered active duty on 21 May 1999. In his request for discharge, he indicated that he understood that by requesting discharge, he was admitting guilt to the charge(s) against him, or of a lesser included offense, that also authorized the imposition of a bad conduct or dishonorable discharge. By regulation, the RE-4 code assigned the applicant was the proper code to assign members separating under the provisions of chapter...
ARMY | BCMR | CY2010 | 20100024089
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The SPD code of "KFS" is the correct code for Soldiers separating under the provisions of Army Regulation 635-200, chapter 10 by reason of in lieu of trial by court-martial. His request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial conviction and the punitive discharge that he might have received.