Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080012300
Original file (20080012300.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  30 October 2008

		DOCKET NUMBER:  AR20080012300 


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.

2.  The applicant states he wants to rejoin the Army and give his family a better life.

3.  The applicant provides his separation document (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army on 13 June 2006.

2.  While in Initial Entry Training, the applicant departed absent without leave on 26 September 2006.  The applicant remained AWOL until 1 December 2006.

3.  On 8 December 2006, the applicant requested discharge in lieu of court martial.  That request was approved by the appropriate authority.

4.  On 30 April 2007, the applicant was discharged under the provisions of Army Regulation 635-200, Enlisted Personnel, Chapter 10, Discharge For The Good of the Service.  His service was uncharacterized.  The DD Form 214 he was issued shows that he was assigned a separation program designator (SPD) of KFS and an RE code of RE-4.

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, 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 individual's admission of guilt.  

6.  Separation program designator (SPD)/Reentry (RE) codes cross-reference table , states that Army Regulation 601-210 determines Regular Army and USAR reentry eligibility and provides regulatory guidance on the RE codes.  These codes are not applicable to officers, or RC Soldiers being separated for other than cause.  This table provides instruction for determining the RE Code for Active Army Soldiers, as well as RC Soldiers separated for cause and exceptional category for physical disability.  The table shows that the SPD KFS is to be assigned an RE-4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was AWOL for over 2 months, and that he requested discharge in lieu of court-martial.  As such, his discharge was warranted and processed in accordance with the applicable regulation.

2.  The SPD cross-reference table states that the applicant was to be assigned an RE-4 based on the reason for his discharge.  As such, his RE code of RE-4 was properly assigned to him.

3.  While it is commendable that the applicant now wants to provide a better life for his family, that is not sufficiently mitigating to change a properly assigned RE code.

4.  As such, 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)                                         AR20080012300



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012300



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100009920

    Original file (20100009920.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 10 August 2006, the separation authority approved the applicant's request for discharge in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the...

  • ARMY | BCMR | CY2010 | 20100029009

    Original file (20100029009.txt) Auto-classification: Denied

    The SPD code of "KFS" is the correct code for Soldiers separating under Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. The applicant's request for an upgrade of his discharge and RE code was carefully considered; however, there is insufficient evidence to support his request. _______ _ _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 | BCMR | CY2009 | 20090020210

    Original file (20090020210.txt) Auto-classification: Denied

    He was discharged on 14 November 2007 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, 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. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be...

  • ARMY | BCMR | CY2013 | 20130013498

    Original file (20130013498.txt) Auto-classification: Denied

    The applicant requests correction of the reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from an RE code of "4" to an RE code that will allow him to reenter military service. The applicant contends that his RE code should be changed from an RE code of "4" to an RE code that will allow him to reenter military service. The evidence of record shows the applicant was separated from active duty on 11 July 2007 under the provisions of Army...

  • ARMY | BCMR | CY2006 | 20060013944C071029

    Original file (20060013944C071029.doc) Auto-classification: Denied

    Dale E. DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's record contains a Deserter/Absentee Wanted by the Armed Forces (DD Form 553), which shows the applicant went absent without leave (AWOL) on 26 January 2004. The evidence of record confirms the applicant was separated under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial.

  • ARMY | BCMR | CY2006 | 20060017370

    Original file (20060017370.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 June 2007 DOCKET NUMBER: AR20060017370 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 18 May 2006, the approving authority approved the applicant's request and directed the applicant be discharged in lieu of trail by court-martial under the provisions of Army Regulation 635-200 (Personnel...

  • ARMY | BCMR | CY2009 | 20090002401

    Original file (20090002401.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 2 February 2006. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.

  • ARMY | BCMR | CY2008 | 20080018347

    Original file (20080018347.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. 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 SPD/RE Code Cross Reference Table provides that when an individual is assigned a SPD code of "KFS" with a narrative reason for separation of “in lieu of...

  • ARMY | BCMR | CY2008 | 20080015684

    Original file (20080015684.txt) Auto-classification: Denied

    He was discharged with a separation code of "KFS" (For the Good of the Service - In Lieu of Trial by Court-Martial) and issued an RE code of 4. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), in effect, at the time, established RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 10 for the good of the service. In the absence of the applicant's chapter 10 discharge...

  • ARMY | BCMR | CY2010 | 20100008586

    Original file (20100008586.txt) Auto-classification: Denied

    The applicant was notified that charges were preferred against her and on 28 February 2008, after consulting with counsel, she submitted a request for discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, for the good of the service - in lieu of trial by court-martial. The applicant's DD Form 214 shows she was given a separation program designator (SPD) code of KFS (voluntary discharge under the provisions of Army Regulation...