IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080017773
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 be changed so he can enlist.
2. The applicant states, in effect, that the Army Discharge Review Board (ADRB) upgraded his discharge, that he would like to reenter the military, and that the ADRB found his discharge too harsh and inequitable.
3. The applicant provides a copy of the ADRB proceedings in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 November 2005. He trained as an infantryman and attained the rank of private first class (PFC)/E-3.
2. On 19 June 2006, charges were preferred against the applicant for adultery, breaking restriction (two specifications), larceny, violating a lawful general order, disobeying a lawful command, failure to report (four specifications), and being absent without leave (AWOL) form 12 June 2006 to 13 June 2006. On 20 June 2006, he voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10 (Discharge in Lieu of Trial by Court-Martial). The separation authority approved the applicants request on 19 July 2006. He was
discharged under other than honorable conditions on 21 July 2006 under the provisions of Army Regulation 635-200, chapter 10, by reason of in lieu of trial by court-martial. He had served 7 months and 13 days of creditable active service with 37 days of lost time due to AWOL and military confinement (13 June 2006 to 19 July 2006).
3. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, CHAP [chapter] 10." Item 26 (Separation Code) on his DD Form 214 shows the entry, "KFS." Item 27 (Reentry Code) on his DD Form 214 shows the entry, "4." Item 28 (Narrative Reason for Separation) shows the entry, "IN LIEU OF TRIAL BY COURT-MARTIAL."
4. On 20 February 2008, after examining the applicant's record of service, hearing the applicant's testimony, and considering the Board analyst's recommendation and rationale, the ADRB determined that the applicant's characterization of service was too harsh and as a result, was inequitable. Therefore, the ADRB upgraded the applicants under other than honorable conditions discharge to a general discharge.
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. 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.
6. 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 processing into the Regular Army 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.
a. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
b. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
c. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
7. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD of "KFS" will be given an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his RE code should be changed so he can reenter the military.
2. The applicant has not submitted any evidence that would warrant a change to his RE code. His RE code was administratively correct and in conformance with applicable regulations at the time of his separation. Therefore, there is no basis for granting the requested relief.
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) AR20080017773
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080017773
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090015135
On 17 March 2006, after consulting with counsel, the applicant voluntarily submitted a request for discharge for the good of the service 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 further 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 | CY2013 | 20130013498
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 | CY2009 | 20090010440
On 11 June 2007, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 10, in lieu of court-martial for the good of the service. Army Regulation 635-200 further 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 reason for discharge. It is noted that while the ADRB...
ARMY | BCMR | CY2010 | 20100029009
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 | CY2012 | 20120001409
The applicant states: * he had to choose between the Army or his wife which resulted in him receiving an under other than honorable conditions discharge * he was not able to consult with counsel about his RE code and the effect it would have on his reenlistment in the Army * his request for discharge in lieu trial by court-martial should not preclude him from reentering in the Army 3. On 10 August 2006, after consulting with counsel, the applicant voluntarily submitted a request for...
ARMY | BCMR | CY2009 | 20090006194
He felt honored to serve in Iraq. He relates, "Since my discharge I have completed anger management classes, personal counseling for over a year, and in-patient rehab. The regulation also provides that a Soldier being discharged under other than honorable conditions will be reduced to the lowest enlisted grade.
ARMY | BCMR | CY2011 | 20110010531
He requested a discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, on the advice of his attorney. The ADRB determined the characterization of his service was too harsh and voted to grant relief in the form of an upgrade to under honorable conditions and to restore his rank to SSG. The evidence of record also shows that when the ADRB upgraded the applicant's discharge, the board determined the reason for the discharge was...
ARMY | BCMR | CY2007 | 20070003785C071029
Rowland C. Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The separation document he was issued confirms he was separated under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial, and that he was assigned a Separation Program Designator (SPD) code of KFS and an RE-4 code based on this authority and reason for separation. Notwithstanding the ADRB decision to upgrade the...
ARMY | BCMR | CY2011 | 20110001965
The record does contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows she was discharged on 2 November 2007 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 with issuance of an under other than honorable conditions discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. There is no...
ARMY | BCMR | CY2012 | 20120020584
The applicant states he submitted an application to the Army Discharge Review Board (ADRB) in 2009. On 8 November 2007, the separation authority approved the applicant's request for discharge in accordance with Army Regulation 635-200, chapter 10 and directed his reduction to the lowest enlisted grade (if applicable) with the issuance of a discharge under other than honorable conditions. Here, the applicant's AWOL and deserter status clearly established that a discharge under other than...