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ARMY | BCMR | CY2003 | 2003091567C070212
Original file (2003091567C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 15 JANUARY 2004
         DOCKET NUMBER: AR2003091567


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Allen L. Raub Member
Mr. William D. Powers Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests that his reentry (RE) code on his 23 August 2001 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.

2. The applicant states that he would like to enlist in the Reserves. Therefore, his reentry code of "4" is unjust.

3. The applicant provided no evidence.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Army for four years on 11 July 2000, completed infantry and airborne training, and in February 2001 was assigned to a company of the 504th Parachute Infantry Regiment at Fort Bragg, North Carolina.

2. On 14 June 2002 charges were preferred against the applicant for AWOL (absent without leave) for the periods 23 April 2001 through 1 May 2001 and 7 May 2001 through 7 June 2001; and for being absent from his place of duty on 11 May 2001. The applicant's company battalion and brigade commanders all recommended trial by a special court-martial empowered to adjudge a bad conduct discharge.

3. On 14 June 2001 the applicant consulted with counsel and voluntarily requested discharge in lieu of trial by court-martial under the provisions of Army Regulation 635-200, Chapter 10. On 27 July 2001 the separation authority approved the applicant's request and directed that he receive a characterization of service under other than honorable conditions.

4. The applicant was discharged on 23 August 2001. The separation code on the applicant's DD Form 214 is "KFS" and the reentry code is "4."

5. 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. It prescribes basic eligibility for prior service applicants for enlistment, and includes a list of armed forces RE codes, including RA RE codes. Those codes are used for administrative purposes only and used for identification of an enlistment processing procedure. The code RE-4 applies to persons separated from his last period of service with a non-waivable disqualification, which includes individuals discharged under the provisions of Army Regulation 635-200, Chapter 10.

6. A separation program designator code (SPD) reentry (RE) code cross reference table shows that a Soldier separated with a SPD code of "KFS," voluntary request for discharge under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial, will have a corresponding RE code of "4" entered on his DD Form 214.

DISCUSSION AND CONCLUSIONS :

The reentry code of "4" on the applicant's DD Form 214 is correct and in accordance with the provisions contained in Army regulations. The applicant has provided no evidence of an error or injustice, nor a convincing argument in support of his request.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ MKP __ __ ALR __ __ WDP __ 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.





                  __Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2003091567
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040115
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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