IN THE CASE OF:
BOARD DATE: 2 April 2009
DOCKET NUMBER: AR20080019111
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, upgrade of his reentry eligibility (RE) code to "RE-3."
2. The applicant states, in effect, that he left the military because he was mentally weak and wanted to get married so he made a bad decision on his part. He continues to state that he is stronger now and wishes to reenter the military to redeem himself and prove that he can serve.
3. The applicant provides no additional documents in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 16 July 2007 for a period of 3 years. He did not complete the required training; therefore, he was not awarded a military occupational specialty. The highest rank he attained while serving on active duty was private/E-1.
2. The applicants record contains a DA Form 458 (Charge Sheet) which shows that on 5 June 2008 court-martial charges were preferred against the applicant for absenting himself without authority from his organization from 15 December 2007 through 27 May 2008.
3. On 5 June 2008, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the Uniform Code of Military Justice, the possible effects of an under other than honorable conditions discharge, and of the procedures and rights that were available to him. Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial.
4. In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charges against him or of a lesser included offense that also authorized the imposition of a bad conduct or dishonorable discharge. He further acknowledged he understood that if his discharge request was approved, he could be deprived of many or all Army benefits, that he could be ineligible for many or all benefits administered by the Department of Veterans Affairs, and that he could be deprived of his rights and benefits as a veteran under both Federal and State law.
5. On 12 August 2008, the separation authority directed that the applicant be separated under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial and that he receive an under other than honorable conditions discharge. On 10 September 2008, the applicant was discharged accordingly. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him at the time confirms he was discharged under the provisions of Army Regulation 635-200, chapter 10, with a separation program designator (SPD) code of "KFS" and an RE code of "4." His DD Form 214 also shows he completed a total of 8 months and 13 days of creditable active military service and 163 days lost due to unauthorized absence without leave.
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 and processing into the Regular Army (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. RE-4 applies to persons who are permanently disqualified for continued Army service.
7. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of "KFS" is the appropriate code to assign Soldiers separated under the provisions Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. The SPD/RE Code Cross-Reference Table also shows that the corresponding RE code for SPD code "KFS" is "RE-4."
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions were carefully considered. However, by regulation, the RE-4 code assigned to the applicant was the proper code to assign members separating under the provisions of Army Regulation 635-200, chapter 10.
2. The evidence of record confirms the applicants separation processing was accomplished in accordance with the applicable regulation. "RE-4" applies to persons who are permanently disqualified for continued Army service. By regulation, the "RE-4" code assigned to the applicant was the proper code to assign members separating under the provisions of Army Regulation 635-200, chapter 10. All requirements of law and regulation were met and the rights of the applicant were protected throughout the separation process. As a result, the "RE-4" code and the narrative reason for separation were and still are appropriate.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.
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) AR20080019111
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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ARMY | BCMR | CY2009 | 20090009805
On 24 January 2008, the separation authority approved the applicants request for discharge and directed that he receive a UOTHC discharge under the provisions of chapter 10, Army Regulation 635-200. 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. By regulation, the SPD code of KFS and the RE code of RE-4 are the proper codes to assign members...
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On 25 May 2011, the separation authority approved the applicant's voluntary request for discharge and directed his discharge under other than honorable conditions. He was discharged under other than honorable conditions for the good of the service in lieu of trial by court-martial on 21 June 2011 under the provisions of Army Regulation 635-200, chapter 10. The evidence of record confirms the applicant's RE code was assigned based on his discharge under the provisions of Army Regulation...
ARMY | BCMR | CY2009 | 20090019508
Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities, reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. By regulation, the SPD code of KFS and an RE code of 4 will be assigned to members who are discharged for the good of the service in lieu of trial by court-martial. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily...