IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080011092
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, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to change his reentry eligibility (RE) code 4 so that he may reenlist in the Army.
2. The applicant states that he was in the Army for less than 180 days and should not have received an RE code of 4. He wants his RE code changed so that he can have a second chance.
3. The applicant provides copies of his DD Form 214 and seven letters of support.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests that the applicants RE code be changed.
2. Counsel states, in effect, that the applicant has provided evidentiary documentation indicating that his accomplishments would have a positive impact on membership in the military.
3. Counsel provides no additional documentation in support of the applicants application.
CONSIDERATION OF EVIDENCE:
1. On 14 February 2007, the applicant enlisted in the Regular Army for 3 years. He was assigned to Fort Knox, Kentucky, for the purpose of completing basic combat training.
2. On or about 23 March 2007, the applicant was absent without leave.
3. On 1 August 2007, charges were preferred under the Uniform Code of Military Justice for violation of Article 86, AWOL, during the period from on or about 23 March 2007 to on or about 26 July 2007.
4. On 28 November 2007, the applicant was discharged in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), 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 uncharacterized.
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 trail by court-martial. A discharge under other than honorable conditions is normally considered appropriate.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) 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.
8. The letters of support provided by the applicant essentially state that the applicant knows what he did while in the Army was wrong and that there were better ways than going AWOL to have solved his problems. The applicants friends and co-workers state how the applicant has become a very good worker and has matured a lot since his discharge.
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. There is no evidence of error or injustice.
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 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
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.
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080011092
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