IN THE CASE OF:
BOARD DATE: 9 October 2008
DOCKET NUMBER: AR20080012119
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, that his reentry (RE) code 4 be upgraded.
2. The applicant states that it has been over 2 years since his discharge and he is now fully rehabilitated.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214) and an unofficial transcript of his training in automotive technology, in support of his application.
CONSIDERATION OF EVIDENCE:
1. On 30 June 2005, the applicant enlisted in the Regular Army for 4 years.
2. On 9 March 2006, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for wrongful use of marijuana between 5 December 2005 and 5 January 2006. The punishment included reduction to pay grade E-1, forfeiture of $640.00 pay per month for
2 months, and 45 days restriction and extra duty. The applicant did not appeal the punishment.
3. On 10 May 2006, charges were preferred under the Uniform Code of Military Justice for violation of Article 112a, for wrongful use of marijuana between
17 February and 19 March 2006; and between 5 December 2005 and 5 January 2006.
4. The applicants discharge packet was not available for review. However, his record contains a duly constituted DD Form 214 that shows that on 9 June 2006, the applicant was discharged in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. Accordingly, he was given a Separation Program Designator (SPD) Code of KFS and an RE Code 4. His character of service was under other than honorable conditions.
5. Army Regulation 635-200 (Personnel Separations) 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 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.
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.
2. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for the RE Code 4.
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 the aforementioned 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.
ABCMR Record of Proceedings (cont) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080012119
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