IN THE CASE OF:	  
		BOARD DATE:	  21 January 2009

		DOCKET NUMBER:  AR20080015854 


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, a change to his RE (Reentry) code.  For him to rejoin the service, he needs to have his RE code changed to a "3" from a "4."

2.  The applicant states, in effect, that it has been 8 years now and he just noticed his RE code being a "4."  He was thinking of rejoining the service but found out that his RE code is a "4."  He further states that another paper he has shows his RE code as a "3"; so he has two papers that are conflicting.  He is just trying to understand why his DD Form 214 (Certificate of Release or Discharge from Active Duty) has an RE code of "4" and another paper has an RE code of "3."

3.  In support of his request, the applicant provides a copy of his DD Form 214 Worksheet, a copy of a Separation Preprocessing Final Processing Checklist, and a copy of a DA Form 31 (Request and Authority for Leave).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of 
justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a 
substantive review of this case and, only to the extent relief, if any, is granted, 
has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the US Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP), on 16 September 1999.  On
26 September 1999 he was discharged from the DEP and on 27 September 1999 he enlisted in the Regular Army for a period of 4 years.  He was assigned to Fort Leonard Wood, Missouri, to undergo his basic combat training.

3.  On 3 January 2000, the applicant absented himself without authority from his unit, Company B, 58th Transportation Battalion, Fort Leonard Wood, and remained absent until 7 March 2000.  The applicant returned to military control at Fort Sill, Oklahoma, and was assigned to Battery A, Personnel and Support Battalion, US Army Field Artillery Center, Fort Sill.

4.  On 8 March 2000, court-martial charges were brought against the applicant for absenting himself from his unit on 3 January 2000 and remaining so absent until 7 March 2000.

5.  On 9 March 2000, the applicant voluntarily submitted a request for discharge in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.

6.  The applicant's request for discharge in lieu of trial by courts-martial was approved on 10 August 2000.  The approval authority directed that an under other than honorable conditions discharge be issued to the applicant.

7.  The applicant was discharged with an under other than honorable conditions discharge, in the rank and pay grade of private, E-1, on 25 August 2000, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial.  On the date of his discharge, the applicant had completed 8 months and 25 days creditable active military service.

8.  The applicant was given a separation code of "KFS" (voluntary discharge under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial) and an RE code of "4."

9.  The "separation preprocessing final processing checklist" the applicant provided in support of his request shows an SPD (Separation Program Designator) code of "KFS" and an RE Code of "3."

10.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) 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.  A discharge under other than honorable conditions is normally considered appropriate.

11.  Army Regulation 601-210 (Regular and Reserve Components Enlistment Program) and provides the guidance for the issuance of RE codes upon separation from active duty.  This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or reason for discharge.  This same regulation covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army (RA) and the USAR.  Chapter 3 of the regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  It states, in pertinent part, that these codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure.

12.  RE code 1 applies to persons who are completing their period of active service who are eligible for immediate reenlistment.  RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  RE code 4 applies to persons not qualified for continued Army service, and the disqualification is not waivable.

13.  Army Regulation 635-5-1 (SPD Codes) states that SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  It notes that "KFS" is the appropriate SPD code for individuals separated who voluntarily request discharge in lieu of court-martial.

14.  The SPD/RE Code Cross-Reference Table indicates that an SPD of "KFS" requires an RE code of 4.



DISCUSSION AND CONCLUSIONS:

1.  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. 

2.  The separation preprocessing final processing checklist the applicant provided in support of his request shows an SPD code of "KFS" and an RE code of "3."  This document is an unofficial document which appears to have as its intended purpose the collection of information for transfer to a DD Form 214 in the process of its completion.

3.  The evidence shows the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial, and as such, his DD Form 214 was coded to show an SPD code of "KFS" and a corresponding RE Code of "4."

4.  Based upon the reason for his discharge, the applicant was properly given RE code "4" and there is insufficient evidence that would warrant changing his RE code.

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)                                         AR20080015854



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ABCMR Record of Proceedings (cont)                                         AR20080015854



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