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ARMY | BCMR | CY2003 | 2003091608C070212
Original file (2003091608C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 16 DECEMBER 2003
         DOCKET NUMBER: AR2003091608


         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:

Mr. John N. Slone Chairperson
Mr. Samuel A. Crumpler Member
Ms. Shirley L. Powell 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 the reentry (RE) code of "4" on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to RE 3 so that he can reenlist.

2. The applicant offered no statement and provided no information.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Army on 22 February 2000. On 2 November 2000, while assigned to Fort Stewart, Georgia, the applicant went AWOL. He surrendered to military authorities and was returned to military control at Fort Carson, Colorado on 26 December 2000.

2. On 4 January 2001 charges were preferred against the applicant. On 5 January 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, because of the charge against him which authorized the imposition of a bad conduct or dishonorable discharge. He stated that he was making the request of his own free will and that he had not been subjected to any coercion whatsoever. He stated that he was guilty of the offense, and that under no circumstances did he desire further rehabilitation and that he had no desire to perform further military service. He stated that he understood the nature and consequences of the under other than honorable conditions discharge that he might receive. He declined to submit a statement in his own behalf.

3. In an undated memorandum to the Commanding Officer of Battery A, Fort Sill, Oklahoma, Personnel Control Facility, the applicant requested indefinite excess leave pending completion of administrative discharge proceedings. His request was approved.

4. On 30 July 2001 the applicant's commanding officer transmitted charges against the applicant, recommending trial by court-martial; however, on that same date he forwarded the applicant's request for discharge, recommending approval with the issuance of a discharge under other than honorable conditions.

5. On 1 October 2001 the Fort Sill Office of the Staff Judge Advocate stated that there were no legal objections to processing the applicant's request.

6. On 2 October 2001 the separation authority approved the applicant's request and directed that he be furnished an under other than honorable conditions discharge.

7. The applicant was discharged on 24 October 2001. His DD Form 214 indicates that he was on excess leave from 5 January 2001 to 24 October 2001. His separation program designator (SPD) code on his DD Form 214 is "KFS," and his reentry code is "4."

8. 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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate.

9. 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. The separation code, “KFS,” applies to a soldier separated under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.

10. A Separation Program Designator (SPD)/Reentry (RE) Code Cross Reference Table shows “KFS/4,” indicating an RE code of “4” for a soldier with a separation code of “KFS.”

11. 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. That regulation identifies the reentry eligibility (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 who were separated with a nonwaivable disqualification.

DISCUSSION AND CONCLUSIONS :

1. There is no error or injustice. The applicant was discharged because of his own request in lieu of trail by court-martial. His reentry code on his DD Form 214 is correct. The applicant has provided no reason to change that code to allow him to reenlist.

2. The applicant has submitted nothing, e.g., probative evidence or a convincing argument in support of his request.


BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ JNS __ __ SAC __ __ SLP __ 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.





                  _____John N. Slone________
                  CHAIRPERSON




INDEX

CASE ID AR2003091608
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031216
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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