IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080017717
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 that his Reentry (RE) Code of RE-4 be changed to RE-3 so that he can reenlist in the Army.
2. The applicant states that his discharge was recently upgraded by the Army Discharge Review Board (ADRB) but his RE Code remained the same.
3. The applicant provides a copy of his re-issued DD (Department of Defense) Form 214 (Certificate of Release or Discharge from the Active Duty) showing the upgrade of his characterization of service.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 26 May 2005. After being charged with one specification of AWOL (absent without leave) totaling 69 days between January and April 2006, his request for discharge in lieu of trial by court-martial was approved.
2. On 10 November 2006, after being placed on excess leave effective 23 June 2006, the applicant was discharged from active duty in lieu of trial by court martial, for the good of the service, with a discharge under other than honorable conditions, in accordance with Army Regulation 635-200, Chapter 10. His DD Form 214 indicates he had 1 year, 3 months and 5 days of creditable active Federal service. He was assigned a separation program designator code (SPD) of KFS and an RE code of RE-4.
3. Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve. It provides 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. An RE code of RE-4 applies to a person separated from the last period of service with a non-waivable disqualification.
4. Army Regulation 635-5-1 (Separation Program Designated Codes), Table
2-3, states that the SPD code KFS denotes discharge for the good of the service in lieu of court-martial.
5. The Army Human Resources Command publishes a cross-reference table of SPD and RE codes. This cross-reference table shows that an SPD code of KFS is assigned an RE code of RE-4.
6. The applicant applied to the ADRB on 8 July 2007. On 11 January 2008, following a personal appearance before the Board by the applicant, the ADRB determined that the applicant's characterization was too harsh, and recommended that his characterization be upgraded to general, under honorable conditions but determined his reason for discharge was proper and equitable.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE Code should be upgraded from RE-4 to RE-3 because the ADRB upgraded the character of his discharge. While the ADRB may have upgraded the applicant's discharge, the ADRB did not change the reason and authority for his discharge. As such, the applicant's RE-4 was correctly left unchanged on his upgraded DD Form 214.
2. There is no evidence or indication that there was an error or injustice which caused the applicant to be discharged in lieu of trial by court-martial.
3. Since the applicant was properly discharged, there is no reason to change a correctly assigned RE code.
4. In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit sufficient 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.
_______ _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.
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