IN THE CASE OF:
BOARD DATE: 30 December 2008
DOCKET NUMBER: AR20080015615
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 reenlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.
2. The applicant states that he desires to rejoin the service so that he can continue his career. He states that he wishes to enlist for an indefinite period of time and that although his discharge was upgraded, his RE code remained the same.
3. The applicant provides in support of his application, a statement addressed to the Army Review Boards Agency dated 8 October 2008 and a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214).
CONSIDERATION OF EVIDENCE:
1. On 5 October 1998, the applicant enlisted in the Regular Army (RA) in Columbia, South Carolina, for 4 years in the pay grade of E-3. He successfully completed his training as a carpentry and masonry specialist. He reenlisted in the RA for 3 years on 10 January 2002.
2. Charges were preferred against the applicant on 24 August 2004 for failure to obey lawful general regulations by wrongfully carrying his privately-owned weapon to a field training exercise and by not registering his privately-owned weapon with the Provost Marshal. He was also charged with negligently discharging his privately-owned firearm in a company tent.
3. On 24 August 2004, the applicant was notified that charges were pending against him, and on 26 August 2004, after consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, for the good of the service in lieu of trial by court-martial.
4. The appropriate authority approved the request for discharge on 2 September 2004 and he directed the issuance of a discharge under other than honorable conditions. Accordingly, on 21 September 2004, 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.
5. The DD Form 214 that he was furnished at the time of his discharge shows that he had 5 years, 11 months and 17 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.
6. On 20 December 2007, the applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade of his discharge. On 23 April 2008, the ADRB upgraded his discharge to under honorable conditions (general).
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 of 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA 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, including RA RE codes. The Separation Program Designator (SPD)/RE 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 shows that he was discharged in lieu of trial by court-martial. Therefore, he was properly assigned an RE code in accordance with the SPD/RE Code Cross Reference Table.
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.
___________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) AR20080015615
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ABCMR Record of Proceedings (cont) AR20080015615
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