RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2007
DOCKET NUMBER: AR20060011328
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
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Marla Troup
Chairperson
Mr. John Heck
Member
Mr. Donald Lewy
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 changed from 4 to 3 for reenlistment in the Regular Army.
2. The applicant states, in effect, that he did not deserve an RE code of 4 due to the hardship he suffered as a result of Hurricane Katrina. He contends that he enlisted on 17 August 2005 and received a ship date for 7 September 2005. On 29 August 2005, Hurricane Katrina made landfall and destroyed his home, cars, and dreams. He shipped out as ordered; however, he was granted leave several days later to go home and help his family. He states that he returned to his unit on time but he did not have any paperwork for his vehicle and was not allowed in. He claims that he called for someone from his unit to pick him up and that he waited for hours but no one came so he drove back home. He also states that he did not return because he was scared of the consequences for being absent without leave (AWOL).
3. The applicant provides a DA Form 31 (Request and Authority for Leave), dated 14 September 2005; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a memorandum, dated 19 June 2006, from a military policeman; a letter, dated 6 June 2006, from a Member of Congress to the applicant; and a letter, dated 26 May 2006, from the Office of the Chief of Legislative Liaison to a Member of Congress.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted on 7 September 2005. He went AWOL on 6 October 2005 and returned to military control on 13 March 2006. On 14 April 2006, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.
2. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, CHAP [chapter] 10." Item 26 (Separation Code) on his DD Form 214 shows the entry, "KFS." Item 27 (Reentry Code) on his DD Form 214 shows the entry, "4." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "IN LIEU OF TRIAL BY COURT-MARTIAL."
3. Army Regulation 635-5-1 (Separation Program Designator 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 states the reason for discharge based on separation code KFS is In lieu of trial by court-martial and the regulatory authority is Army Regulation 635-200, chapter 10.
4. 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 processing into the Regular Army and the U.S. Army Reserve. The Army National Guard uses its own regulation and enlistment criteria. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
5. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
6. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
7. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 8 September 2005, shows that Soldiers given an SPD [Separation Program Designator] of "KFS will be given an RE code of 4.
DISCUSSION AND CONCLUSIONS:
The applicants contentions were noted. However, his RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
MT_____ __JH____ __DL____ 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.
__Marla Troup________
CHAIRPERSON
INDEX
CASE ID
AR20060011328
SUFFIX
RECON
DATE BOARDED
20070221
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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