IN THE CASE OF:
BOARD DATE: 20 August 2009
DOCKET NUMBER: AR20090003660
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.
2. The applicant states that his RE code prevents his reenlistment. He agrees he made a mistake by being absent without leave (AWOL), but he was young and very confused. He would love to serve his country again.
3. The applicant provides no additional documents in support of his application. He indicates on his application that he had attached a letter; however, this letter is not available.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 16 June 1998 at 17 years old. At the completion of basic training and advanced individual training, he was awarded military occupational specialty 11B (infantryman). His highest grade attained was private first class, E-3.
2. The applicant was discharged 5 June 2001 under the provisions of Army Regulation 635-200, chapter 10 in lieu of trial by court-martial. He completed 2 years and 9 months of active military service with 80 days of lost time due to AWOL.
3. His DD Form 214 shows he was issued a RE code of RE-4 and a Separation Program Designator (SPD) code of "KFS" (In Lieu of Trial by Court-Martial).
4. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows that the separation program designator KFS as shown on the applicants DD Form 214 specifies the narrative reason for discharge as In Lieu of Trial by Court-Martial and that the authority for discharge under this separation program designator is
AR 635-200, chapter 10."
5. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of AR 635-200, chapter 10 in lieu of trial by court-martial.
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 covers eligibility criteria, policies, and procedures for enlistment and 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.
7. RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he made a mistake by going AWOL, but he was young and very confused. However, age is not sufficiently mitigating to warrant relief in this case.
2. The applicants request that his RE code of "4" be changed so that he may serve his country again was considered; however, it does not serve as a basis to change a properly assigned RE code regardless of the Armys current enlistment policies.
3. The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed. His narrative reason for discharge was based on his request for discharge in lieu of trial by court-martial and there is no basis upon which this reason should be changed. In view of the foregoing, there is no basis for granting relief to the applicant in this case.
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) AR20090003660
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090003660
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090021252
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows that he was discharged in lieu of trial by court-martial in accordance with Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10, and that he was assigned a Separation Code of "KFS" and an RE-4. Pertinent Army regulations provide that prior to discharge or release from active duty,...
ARMY | DRB | CY2013 | AR20130005443
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 27 May 2009 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial/AR-635-200 Chapter 10/KFS/RE-4 e. Unit of assignment: C Co, 447th Signal Battalion, 15th Signal Brigade Fort Gordon, GA f. Current Enlistment Date/Term: 20 March 2008, 6 years g. Current Enlistment Service: 4 months, 19 days h. Total Service: 4 months, 19 days i. On 18 May 2009, the separation authority approved the Chapter 10 request...
ARMY | DRB | CY2013 | AR20130005392
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 21 March 2007 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial/AR-635-200/ Chapter 10/KFS/RE-4 e. Unit of assignment: A Battery, 3-6th ADA, Fort Bliss TX f. Current Enlistment Date/Term: 18 September 2006, 6 years g. Current Enlistment Service: 4 months, 20 days h. Total Service: 4 months, 20 days i. On 1 March 2007, the separation authority approved the Chapter 10 request and directed the...
ARMY | DRB | CY2011 | AR20110006112
Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: Date: 000517 Discharge Received: Date: 001025 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Company A, 2/58TH Infantry Battalion, Fort Benning, GA Time Lost: AWOL x 2 from (990404-990421) for 18 days, and AWOL from (990428-990815) for 108 days. The analyst also noted the applicant's issue requesting that the narrative reason for separation be changed.
ARMY | BCMR | CY2004 | 040007878C070208
The applicant requests that his reentry code of “4” on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. The applicant was discharged on 30 October 2001. 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 | BCMR | CY2006 | 20060013944C071029
Dale E. DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's record contains a Deserter/Absentee Wanted by the Armed Forces (DD Form 553), which shows the applicant went absent without leave (AWOL) on 26 January 2004. The evidence of record confirms the applicant was separated under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial.
ARMY | BCMR | CY2010 | 20100025407
He was discharged on 16 July 2009 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial. Although the applicant was 17 years of age when he enlisted, he completed his training. The evidence of record confirms the applicant's RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, chapter 10.
ARMY | DRB | CY2013 | AR20130022426
On 12 February 2003, a memorandum from the Staff Judge Advocate indicated the applicant's chain of command after reviewing his request for discharge in lieu of trial by court-martial under the provisions of Chapter 10, AR 635-200, for two specification of AWOL and based on no prior convictions recommended the applicant be discharged with a characterization of service of under other than honorable conditions. On 12 February 2003, the separation authority approved the Chapter 10 request and...
ARMY | BCMR | CY2010 | 20100024089
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The SPD code of "KFS" is the correct code for Soldiers separating under the provisions of Army Regulation 635-200, chapter 10 by reason of in lieu of trial by court-martial. His request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial conviction and the punitive discharge that he might have received.
ARMY | BCMR | CY2003 | 2003088726C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: His DD Form 214 shows he was discharged with a separation code of “KFS” (For the Good of the Service – In Lieu of Trial by Court-Martial) and issued a RE code of RE-4.