IN THE CASE OF:
BOARD DATE: 25 NOVEMBER 2008
DOCKET NUMBER: AR20080013069
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 correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude enlistment.
2. The applicant states that he was young and suffering from depression when he was in the Army. He states that he did not know how to handle it; however, he is all over it now and he is ready to serve his country.
3. The applicant provides no additional documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. On 5 October 2005, the applicant enlisted in the Regular Army (RA) in Atlanta, Georgia, for 3 years, in the pay grade of E-1. He successfully completed his training as an infantryman.
2. The available records show that the applicant went absent without leave (AWOL) on 14 March 2006 and he remained absent until he was returned to his company by a personal friend on 5 April 2006.
3. The applicant went AWOL again on 1 May 2006 and he remained absent until he surrendered to military authorities at Fort Benning, Georgia, on 15 June 2006.
4. On 22 June 2006, the applicant was notified that charges were pending against him for being AWOL from 1 May 2006 until 15 June 2006. He acknowledged receipt of the notification and after consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation
635-200, chapter 10, for the good of the service in lieu of trial by court-martial. In his request, he indicated that he had no desire to perform further military service.
5. The appropriate authority approved the request for discharge on 14 July 2006 and he directed the issuance of a discharge under other than honorable conditions.
6. Accordingly, on 28 July 2006, the applicant was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. The Certificate of Release or Discharge from Active Duty (DD Form 214) that he was furnished at the time of his discharge shows that he had 7 months and 19 days of net active service; that he was furnished a separation code of KFS (In Lieu of Trial by Court-Martial); and that he was furnished an RE code of 4.
7. Army Regulation 635-5-1 prescribes the specific reasons for separating Soldiers from active duty and the separation codes to be entered on DD Form 214. It provides that when a Soldiers narrative reason for separation is in lieu of trial by court-martial a separation code KFS will be entered in block 26 of the
DD Form 214.
8. 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 RA and the U.S. Army Reserve (USAR). 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. The Separation Program Designator (SPD) Code Cross Reference Table provides that when an individual's SPD is "KFS" with a Narrative Reason for Separation of in lieu of trial by court-martial, then an RE code of 4 will be assigned. An RE code of 4 applies to persons with a non-waivable disqualification.
DISCUSSION AND CONCLUSIONS:
1. The applicant was separated and assigned an RE code in accordance with the applicable regulation.
2. The Narrative Reason for Separation currently reflected on the applicant's
DD Form 214 reflects that he was discharged in lieu of trial by court-martial. Therefore, he was properly assigned an RE code of 4.
3. The applicant's contentions have been noted; however, they are not sufficiently mitigating to warrant relief in his case. The fact that he now has a desire to reenter the Army is not a sufficient justification to change the RE code that he was assigned. His DD Form 214 was prepared to reflect his service as it existed at that time of his discharge and the RE code that he was assigned coincides with his SPD and Narrative Reason for Separation.
4. In order to justify correction of a military record the applicant must show 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.
5. 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.
_________XXX_____________
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) AR20080013069
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