Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080001230
Original file (20080001230.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2008
	DOCKET NUMBER:  AR20080001230 


	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.  




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 to RE-3 so he can reenlist.  He also requests that his separation code be changed. 

2.  The applicant states that he went absent without leave (AWOL), that he was stupid, and that he would like to reenlist in the Regular Army. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of his Enlisted Record Brief.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 4 March 2004 and trained as an automated logistical specialist.  He went AWOL on 11 May 2005 and returned to military control on 22 June 2005.  He was discharged under other than honorable conditions on 17 August 2005 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He had served a total of 1 year, 4 months, and 11 days of creditable active service with 43 days of lost time due to AWOL.

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.  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 31 March 2003, shows that Soldiers given an SPD [Separation Program Designator] of "KFS” will be given an RE code of 4.  

DISCUSSION AND CONCLUSIONS:

The applicant’s contentions were noted.  However, his RE code and separation code were 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

JM______  _CD___  __QS____  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.


      ___              JM  _______
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080001230


3


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508




Similar Decisions

  • ARMY | BCMR | CY2008 | 20080010744

    Original file (20080010744.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 9 September 2008 DOCKET NUMBER: AR20080010744 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 13 April 2006, he requested discharge under the provisions of Army Regulation 635-200, chapter 10. 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...

  • ARMY | BCMR | CY2006 | 20060011328

    Original file (20060011328.txt) Auto-classification: Denied

    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. 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...

  • ARMY | BCMR | CY2008 | 20080011598

    Original file (20080011598.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 25 September 2008 DOCKET NUMBER: AR20080011598 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 3 March 2006, she requested discharge under the provisions of Army Regulation 635-200, chapter 10. 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.

  • ARMY | BCMR | CY2006 | 20060017062C071029

    Original file (20060017062C071029.doc) Auto-classification: Denied

    When discharged, the DD Form 214 he was issued showed he was discharged under the provisions of AR 635-210, chapter 10, in lieu of trial by court- martial. The separation code "KFS" and a reentry code of 4 were applied to his DD Form 214. The applicant's discharge was reviewed by the ADRB and after careful consideration of his application, his military records, and all other available evidence, determined he had been properly and equitably discharged.

  • ARMY | BCMR | CY2008 | 20080001491

    Original file (20080001491.txt) Auto-classification: Denied

    Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. ...

  • ARMY | BCMR | CY2009 | 20090020210

    Original file (20090020210.txt) Auto-classification: Denied

    He was discharged on 14 November 2007 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, in lieu of trial by court-martial. 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. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be...

  • ARMY | BCMR | CY2008 | 20080017773

    Original file (20080017773.txt) Auto-classification: Denied

    The applicant requests, in effect, that his reentry (RE) code be changed so he can enlist. On 20 June 2006, he voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10 (Discharge in Lieu of Trial by Court-Martial). 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...

  • ARMY | BCMR | CY2009 | 20090009213

    Original file (20090009213.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 25 AUGUST 2009 DOCKET NUMBER: AR20090009213 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 states the reason for discharge based on separation code...

  • ARMY | BCMR | CY2010 | 20100008988

    Original file (20100008988.txt) Auto-classification: Denied

    The applicant requested discharge in lieu of trial by court-martial on 23 August 2007. He was discharged on 2 November 2007 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, in lieu of trial by court-martial. Army Regulation 635-200 states, in pertinent part, 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 | BCMR | CY2009 | 20090006646

    Original file (20090006646.txt) Auto-classification: Denied

    On 30 March 2001, the applicant requested discharge in lieu of trial by court-martial. 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. The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his separation.