IN THE CASE OF:
BOARD DATE: 30 September 2008
DOCKET NUMBER: AR20080010987
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 be changed from RE code 4 to RE code 3.
2. The applicant states that the RE code of 4 on his DD Form 214 (Certificate of Release or Discharge from Active Duty) is incorrect and should be an RE code 3.
3. The applicant provides his DD Form 214.
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. The applicant enlisted in the Regular Army on 30 March 1999.
3. On 19 November 1999, court-martial charges were preferred against the applicant charging him with being absent without leave (AWOL) from on or about 26 September 1999 to on or about 16 November 1999.
4. On 19 November 1999, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He acknowledged that he was making the request of his own free will and had not been subjected to any coercion whatsoever by any person. He acknowledged that by submitting the request for discharge that he was guilty of the charge(s) against him or lesser included offenses(s) contained therein which also authorized the imposition of a bad conduct or dishonorable discharge. He was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits. He elected not to submit a statement in his own behalf.
5. On 20 November 1999, the applicant was placed on excess leave.
6. On 21 December 2000, the appropriate authority approved the request and directed the applicant receive a discharge under other than honorable conditions.
7. On 19 February 2001, the applicant was discharged with a discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial. He had completed 1 year, 8 months, and 29 days of creditable active service and had 56 days of lost time.
8. The applicant was given a separation code of KFS (voluntary discharge under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial) and an RE code of 4.
9. 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 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 individuals admission of guilt. A discharge under other than honorable conditions is normally considered appropriate.
10. 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 (RA) 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, including RA RE codes.
11. RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable. RE code 4 applies to persons not qualified for continued Army service, and the disqualification is not waivable.
12. The Separation Program Designator (SPD)/Reentry (RE) Codes Cross Reference Table states that when the separation code is KFS then RE code 4 will be given.
DISCUSSION AND CONCLUSIONS:
Based upon the reason for his discharge, the applicant was properly given RE code 4. There is insufficient evidence that would warrant changing his RE code.
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) AR20080010987
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080010987
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080011460
IN THE CASE OF: BOARD DATE: 7 October 2008 DOCKET NUMBER: AR20080011460 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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.
ARMY | BCMR | CY2008 | 20080015854
The applicant was given a separation code of "KFS" (voluntary discharge under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial) and an RE code of "4." This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or reason for discharge. The evidence shows the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of...
ARMY | BCMR | CY2003 | 2003090316C070212
On 3 June 1999, the applicant consulted with legal counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. On 19 October 1999, the separation authority approved the applicant’s request for discharge and directed an UOTHC discharge. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would...
ARMY | BCMR | CY2008 | 20080011424
On 27 March 2007, the applicant consulted with counsel and voluntarily requested discharge, for the good of the service, in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, chapter 10. The authority for discharge under this separation code is Army Regulation 635-200, Chapter 10. The evidence shows the applicant was voluntarily discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial.
ARMY | BCMR | CY2009 | 20090003252
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicants DD Form 214 shows that, at age 17, on 22 March 2000, he was separated with a UOTHC discharge in lieu of trial by court-martial, under the provisions of chapter 10, Army Regulation 635-200. By regulation, the SPD code of KFS and an RE code of 4 will be assigned to members who are discharged for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2006 | 20060017062C071029
When discharged, the DD Form 214 he was issued showed he was discharged under the provisions of AR 635-210, chapter 10, in lieu of trial by court- martial. The separation code "KFS" and a reentry code of 4 were applied to his DD Form 214. The applicant's discharge was reviewed by the ADRB and after careful consideration of his application, his military records, and all other available evidence, determined he had been properly and equitably discharged.
ARMY | BCMR | CY2009 | 20090006646
On 30 March 2001, the applicant requested discharge 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 regulations at the time of his separation.
ARMY | BCMR | CY2008 | 20080015292
The applicant's military records show that he enlisted in the Regular Army on 14 June 1999. On 26 July 2000, the applicant voluntarily requested discharge under the provisions of Chapter 10 (Discharge in Lieu of Trial by Court-Martial), Army Regulation 635-200 (Active Duty Enlisted Administration Separations) in lieu of trial by court-martial after charges were preferred against him under the Uniform Code of Military Justice (UCMJ) which authorized the imposition of a bad conduct or...
ARMY | BCMR | CY2001 | 2001066268C070421
The Board considered the following evidence: 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's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.
ARMY | BCMR | CY2001 | 2001054294C070420
The applicant states that the Army Discharge Review Board (ADRB) upgraded his discharge but was unable to act on his request to be restored to active duty. He was given a separation program designator (SPD) code of KFS (voluntary discharge under Army Regulation 635-200, chapter 10) and a reentry code of 4. The Board notes that the ADRB had upgraded the applicant’s discharge to general under honorable conditions.