IN THE CASE OF:
BOARD DATE: 24 JULY 2008
DOCKET NUMBER: AR20080008245
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 correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude enlistment.
2. The applicant states, in effect that based on the reason that he went absent without leave (AWOL), he believes that an RE-4 code is unjust. He states that he went AWOL to prevent a fellow Soldier from ending his life. He states that he was a good Soldier and that he never got into trouble. He states that he has never broken the law and that all he really wants is a new chance to serve honorably. He states that he desires to have his RE code changed to one that is acceptable for active duty status.
3. The applicant provides no additional documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. On 14 September 2006, the applicant enlisted in the Regular Army in Portland, Oregon, for 5 years, in the pay grade of E-1.
2. The facts and circumstances pertaining to the applicant's discharge are not present in the available record. The Certificate of Release or Discharge from Active Duty (DD Form 214) that he was furnished at the time of his discharge
shows that he was discharged under other than honorable conditions on 15 June 2007, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court martial. The applicant's DD Form 214 also shows that he had 8 months and 6 days of net active service; that he had approximately 82 days of lost time; that he was furnished a separation code of KFS (In Lieu of Trial by Court-Martial); and that he was furnished an RE-4 code.
3. Army Regulation 635-5-1 prescribes the specific reasons for separating Soldiers from active duty and the separation codes to be entered on DD Form 214. It provides that when a Soldiers narrative reason for separation is in lieu of trial by court-martial a separation code KFS will be entered in block 26 of the
DD Form 214.
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 and processing into the RA and the USAR. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.
5. An RE-4 code applies to persons is not qualified for continued Army service by virtue of being separated from the service, in most instances, with a nonwaivable disqualification.
6. 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. A discharge under other than honorable conditions is normally considered appropriate.
DISCUSSION AND CONCLUSIONS:
1. Based on the available records, the applicant was separated and assigned an RE code in accordance with the applicable regulation.
2. There appears to be no basis for removal or waiver of those disqualifications which established the basis for the RE-4 code.
3. The applicant's contentions have been noted. However, it is not sufficiently mitigating to warrant the relief requested. The evidence of record indicates that he had approximately 82 days of lost time; he submitted a voluntary request for discharge in lieu of trial by court-martial; and he was assigned the proper RE code in accordance with the reason and authority for his separation. In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
4. In order to justify correction of a military record the applicant must show 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.
5. 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
__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.
___ XXX ___
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) AR20080008245
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ABCMR Record of Proceedings (cont) AR20080008245
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