IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080011598
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 be changed to RE-3 so she can enlist.
2. The applicant states, in effect, that her RE code should be changed because she has matured and she knows she can contribute and not take away from the military. She states that she has not gotten into trouble at all since her discharge, that good things can come out of getting back into the military, and that she now knows what she is getting into and will accept it. She further states that with an RE code of 3 she can become the person that she was supposed to become while in the Army and that having leadership and discipline will also help her.
3. The applicant provides five character reference letters.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 3 July 1984. She enlisted on 14 January 2003 and trained as a food service specialist. She went absent without leave (AWOL) on 23 March 2005 and returned to military control on 5 May 2005. On 1 March 2006, charges were preferred against the applicant for the AWOL period and for two specifications of willfully and wrongfully damaging a vehicle. On 3 March 2006, she requested discharge under the provisions of Army Regulation
635-200, chapter 10. The separation authority approved the applicants request on 17 March 2006. She was discharged under other than honorable conditions on 17 March 2006 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. She had served 3 years, 1 month, and 1 day of creditable active service with 44 days of lost time due to being AWOL.
2. Item 25 (Separation Authority) on the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the entry, "AR [Army Regulation] 635-200, CHAP [chapter] 10." Item 26 (Separation Code) on her DD Form 214 shows the entry, "KFS." Item 27 (Reentry Code) on her DD Form 214 shows the entry, "4." Item 28 (Narrative Reason for Separation) on her DD Form 214 shows the entry, "IN LIEU OF TRIAL BY COURT-MARTIAL."
3. The applicant provided five character reference letters from her husband, fellow Soldiers, and friends. They attest that the applicant has changed and matured, that she deserves a second chance, and that she has learned from her mistakes.
4. Army Regulation 635-5-1 (Separation Program Designator 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 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.
5. 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 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.
6. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
7. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
8. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 8 September 2005, shows that Soldiers given an SPD [Separation Program Designator] of "KFS will be given an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. Age is not a sufficiently mitigating factor. The applicant was 21 years of age when she went AWOL and she served over 2 years of service prior to going AWOL.
2. The character reference letters submitted on behalf of the applicant fail to show that her RE code was unjust and should be changed.
3. The applicants RE code was administratively correct and in conformance with applicable regulations at the time of her separation.
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.
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