RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 August 2005
DOCKET NUMBER: AR20040008238
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. Robert J. McGowan | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. Robert L. Duecaster | |Member |
| |Ms. Jeanette R. McCants | |Member |
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 be upgraded from RE-
4.
2. The applicant states that he would like to reenlist, but his RE-4 code
prevents him from doing so. He adds that he had a family emergency that he
could not avoid.
3. The applicant provides no supporting documents.
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Regular Army from 14 June 1999 to 28
December 2001. He was separated under other than honorable conditions
(UOTHC) under the provisions of chapter 10, Army Regulation (AR) 635-200 in
lieu of trial by court-martial.
2. The applicant was absent without leave (AWOL) from 3 January 2000 to
10 July 2000. On 26 July 2000, court-martial charges were preferred
against him. After consulting with legal counsel, he voluntarily requested
discharge under the provisions of chapter 10, AR 635-200. He was placed on
excess leave on 27 July 2000 pending final adjudication of his separation
action. On 4 December 2001, his request for discharge was approved and he
was separated on 28 December 2001. He completed 2 years and 5 days of
service which included 520 days of excess leave and 190 days of lost time
due to AWOL.
3. The applicant's DD Form 214 (Certificate of Release or Discharge From
Active Duty) shows his separation code as "KFS" and his RE code as "4."
4. The applicant petitioned the Army Discharge Review Board (ADRB) seeking
a discharge upgrade and change in the reason for discharge. After
considering his case on 4 October 2004, the ADRB denied his request.
5. AR 635-5-1, Separation Program Designator (SPD) Codes, prescribes the
specific authorities, regulatory or other directives, reasons for
separating Soldiers from active duty, and the separation codes to be
entered on the DD Form 214. The correct separation code for Soldiers
separated under the provisions of chapter 10, Army Regulation 635-200 is
"KFS."
6. 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. AR 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, including RA RE
codes. RE-4 applies to Soldiers who are disqualified for continued Army
service. Soldiers discharged under the provisions of chapter 10, AR 635-
200 receive an RE code of RE-4.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s discharge proceedings were conducted in accordance with
law and regulations applicable at the time. The narrative reason and
authority for discharge is correct given the circumstances involved. His
separation and RE codes are correct reflections of his reason and authority
for discharge.
2. The ADRB reviewed the applicant's request for recharacterization of his
discharge and a change in reason and found no error or injustice.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__wdp___ __rld___ __jrm___ 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.
William D. Powers
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040008238 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050802 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0300 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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