RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2008
DOCKET NUMBER: AR20080002118
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, in effect, that his Reentry (RE) Code 4 be changed so that he may reenlist in the Army.
2. The applicant states, in effect, that he now has a family and has matured. He wants to reenter the Army and correct his earlier wrongs. He further states that he was told prior to his discharge that he could return to the Army after 2 years.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214) and his Armed Services Vocational Aptitude Battery (ASVAB) scores.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 26 April 2001, the applicant enlisted in the Regular Army. There is no evidence of record showing that he completed his initial training or that he was awarded a military occupational specialty.
3. On 24 October 2001, charges were preferred under the Uniform Code of Military Justice for violation of Article 86, absence without leave (AWOL) during the period from on or about 15 September to on or about 19 October 2001
(34 days).
4. On 3 June 2002, the applicant was discharged in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. Accordingly, he was given a Separation Program Designator (SPD) Code of KFS and an RE Code of 4. His character of service was under other than honorable conditions. He was on voluntary excess leave from 26 October 2001 to 3 June 2002
(221 days).
5. Army Regulation 635-200 (Personnel Separations) 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 trail by court-martial. A discharge under other than honorable conditions is normally considered appropriate.
6. Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. RE 4 applies to persons separated from their last period of service with a non-waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
7. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of KFS was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 4 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. The RE Code 4, establishing his ineligibility for enlistment/reenlistment, was correctly entered on his separation document in accordance with governing regulations.
2. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for the RE Code 4. While the applicants desire to continue in the service to his country is commendable, there are no provisions authorizing the change of an RE Code for this purpose.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X______ ___X_____ __X______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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.
__________X____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002118
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2013 | 20130015165
BOARD DATE: 22 April 2014 DOCKET NUMBER: AR20130015165 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 27 December 2012, he was discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10. Army Regulation 635-200 states individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.
ARMY | BCMR | CY2009 | 20090009187
BOARD DATE: 3 November 2009 DOCKET NUMBER: AR20090009187 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. The applicant was 19 years old when he enlisted and when he was discharged.
ARMY | BCMR | CY2010 | 20100012659
He was subsequently discharged on 6 December 2005 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), 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. The applicant's RE code was administratively correct and in conformance with applicable...
ARMY | BCMR | CY2011 | 20110011281
On 13 October 2006, the Army Discharge Review Board denied his request to upgrade his discharge under other than honorable conditions. Pertinent Army regulations provide that individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty. The SPD cross-reference table shows the applicant was assigned an RE code of 4 based on the reason for discharge.
ARMY | BCMR | CY2008 | 20080001470
The applicant requests, in effect, that his Reentry (RE) Code 4 be changed so that he may reenlist in the Army Reserve. The SPD code of KFS was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 4 as the proper RE...
ARMY | BCMR | CY2014 | 20140008501
The applicant states, in effect, his previous request, dated 9 September 2002, for an upgrade of his discharge was approved by the Army Discharge Review Board (ADRB). On 15 April 2013, the ADRB received the applicant's request to upgrade his general discharge under honorable conditions to an honorable discharge. The evidence of record further confirms his RE code was assigned based on his separation under the provisions of chapter 10, Army Regulation 635-200.
ARMY | BCMR | CY2014 | 20140005678
On 16 February 2007, the applicant was separated for the good of the service in lieu of trial by court-martial. He received an under other than honorable conditions discharge under the provisions of Army Regulations 635-200, chapter 10 and was assigned a separation code of KFS and an RE code of 4. On 15 May 2013, the Army Discharge Review Board denied the applicant's request to upgrade his discharge.
ARMY | BCMR | CY2010 | 20100008113
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. While the applicant requested a change of his RE code, it is necessary to consider whether the reason for his discharge should be changed since the RE code is based on the reason for discharge. While his desire to enlist in the Army is commendable, this is not a basis for changing a properly assigned RE code.
ARMY | BCMR | CY2011 | 20110014320
On 18 November 2001, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. Army Regulation 635-200 further states 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. Table 3-1 included a list of the RA RE codes: a. RE-1 applies to Soldiers completing...
ARMY | BCMR | CY2010 | 20100011042
The applicant requests his separation code and reentry (RE) code be changed. However, his records contain a request for discharge in lieu of trial by court-martial dated 14 October 2004. He was discharged on 28 October 2004 under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial.