IN THE CASE OF:
BOARD DATE: 10 July 2008
DOCKET NUMBER: AR20080005780
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 his Reentry (RE) code of RE-4 be upgraded.
2. The applicant states, in effect, that his uncharacterized discharge should allow him to reenter the service if he meets all other requirements.
3. The applicant provides a supplemental letter, dated 10 April 2008; his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 March 2002; a letter congratulating him on the completion of the Physical Training Rehabilitation Program, dated 17 August 1999; his Certificate of Achievement, dated 17 August 1999; his certificate from the 1st Basic Combat Training Brigade, dated 30 September 1999; two DA Forms 1059 (Service School Academic Evaluation Report) for the periods ending 16 March 2001 and 31 March 2001; his active duty for special work orders;
three DA Forms 4187 (Personnel Action); and his Army Discharge Review Board (ADRB) - Case Report and Directive.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the Army National Guard, the applicant enlisted in the Regular Army on 23 April 2001. Item 12a (Date Entered Active Duty this Period) on his DD Form 214 for the period ending 15 March 2002 incorrectly shows he entered active duty on 19 August 2000.
2. The applicant was discharged from the service on temporary records on 15 March 2002 under the provisions of Army Regulation 635-200, chapter 10 in lieu of trial by court-martial. He completed 8 months and 23 days of active military service during this period with 59 days of lost time due to AWOL. Item 12c (Net Active Service this Period) on his DD Form 214 for the period ending 15 March 2002 incorrectly shows he completed 1 year, 4 months and 27 days of active military service. He was placed on excess leave for 198 days from 30 August 2001 to 15 March 2002.
3. His DD Form 214 for the period ending 15 March 2002 shows he was issued a RE code of RE-4 and a Separation Program Designator (SPD) code of "KFS" (In Lieu of Trial by Court-Martial).
4. On 14 March 2007, the ADRB upgraded the applicants under other than honorable conditions discharge to uncharacterized. The ADRB determined that the reason for discharge was both proper and equitable and voted not to change it.
5. Army Regulation 635-5-1 (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 shows that the separation program designator KFS as shown on the applicants DD Form 214 specifies the narrative reason for discharge as In Lieu of Trial by Court-Martial and that the authority for discharge under this separation program designator is
AR 635-200, chapter 10."
6. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of AR 635-200, chapter 10 in lieu of trial by court-martial.
7. 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 and 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.
8. RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 shows he was discharged with a separation code of KFS (In Lieu of Trial by Court-Martial) and was assigned a RE code of 4 in accordance with the governing regulation in effect at the time.
2. Although the ADRB upgraded the applicants character of service to uncharacterized, the ADRB found that the reason for his discharge was proper and equitable. As there appears to be no reason to change his reason for separation, a RE-4 is still appropriate.
3. The applicant has failed to show through the evidence submitted or the evidence of record that the reentry code issued to him was administratively incorrect, in error, or unjust.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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.
_ _xxxx__ ___
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.
ABCMR Record of Proceedings (cont) AR20080005780
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ABCMR Record of Proceedings (cont) AR20080005780
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