IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080005387
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that her reentry (RE) code of 4 be changed.
2. The applicant states, in effect, that she wishes to enlist in the military and feels that the RE code she received was too harsh.
3. The applicant provides no additional documentation in support of this case.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 18 June 1998. She was promoted to Staff Sergeant (SSG)/E-6 on 1 August 2003.
2. Evidence of record shows that on 14 December 2005, the applicant was charged with wrongful use of marijuana, between on or about 5 July 2005 and
3 August 2005.
3. The applicant's service personnel records do not contain the facts and circumstances surrounding her separation process. However, her DD Form
214 (Certificate of Release or Discharge from Active Duty) shows that she was discharged on 16 February 2006 under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) by reason of "IN LIEU OF TRIAL BY COURT-MARTIAL" with a characterization of service of under other than honorable conditions. Item 27 (Reentry Code) of her DD Form 214 shows the entry "4"; and item 26 (Separation Code) shows a separation code of KFS.
4. The applicant applied to the Army Discharge Review Board (ADRB) to upgrade her discharge. On 22 February 2008, the ADRB reviewed and upgraded her characterization of service to general under honorable conditions and restored her rank to SSG. However, ADRB determined that the reason for discharge was proper and equitable and voted not to change it.
5. Army Regulation 635-200 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 trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. An under other than honorable conditions discharge is normally considered appropriate.
6. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), 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 on the guidance provided in this regulation for Soldiers separating under the provisions of Chapter 10, Army Regulation 635-200, by reason of In Lieu of Trial by Court-Martial. Additionally, the SPD/RE Code Cross Reference Table establishes RE code 4 as the proper reentry code to assign to Soldiers with an SPD of KFS.
7. Army Regulation 601-210 (Regular Army and Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Paragraph 3-22 of the regulation states that reentry code 4 applies to persons separated from last period of service with a nonwaivable disqualification.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her RE code should be changed so that she can enlist in the military. Evidence of record shows she was separated from the military by reason of in lieu of trial by court-martial. The ADRB reviewed the applicant's case and determined that the characterization of her discharge should be upgraded to general under honorable conditions. The ADRB further determined that the reason for discharge was proper and equitable and voted not to change it.
2. Although the ADRB granted partial relief in the applicant's request for a discharge upgrade and since the reason for her discharge was proper and equitable, in accordance with the provisions Army Regulation 635-5-1 the applicant was properly assigned an RE code of 4 based on the reason for separation of in lieu of trial by court-martial.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx __ __xxx___ __xxx___ 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.
_ xxxxxxxxx ____
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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