RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20080001491
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 so he can enlist.
2. The applicant states, in effect, that he went absent without leave (AWOL) due to financial and family problems. He contends he turned himself in after he was sure his wife and son were able to stay with her mother until he returned. He needs his RE code changed so he can get back into the military.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and documentation from the offices of two Members of Congress.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted on 25 May 2006. He went AWOL on 1 October 2006 and returned to military control on 3 November 2006. He was on excess leave from 9 November 2006 to 13 February 2007 pending discharge. He was discharged on 13 February 2007 under the provisions of Army Regulation
635-200, chapter 10, in lieu of trial by court-martial. His character of service was uncharacterized. He had served 7 months and 16 days of creditable active service with 32 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. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
8. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD [Separation Program Designator] of "KFS will be given an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions were noted. However, there is no evidence of record which shows he sought assistance from his chain of command or chaplain on a way to resolve his problems within established Army procedures prior to going AWOL.
2. The applicants 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
PM_____ __JH____ __KJ____ 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.
___ PM _____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080001491
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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