IN THE CASE OF:	  

		BOARD DATE:	  9 September 2009

		DOCKET NUMBER:  AR20090005599 


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 upgrade of his reentry eligibility (RE) code.

2.  The applicant states, in effect, that he was told during his discharge processing that as long as he did not receive a dishonorable discharge he would be able to reenlist after 2 years.  He also states that he was told that an RE-4 was generally given for dishonorable discharges.

3.  The applicant provides a self-authored statement, his college transcript,  and his DD Form 214 (Certificate of Release or Discharge from Active Duty), in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 June 2005 for a period of 3 years.  

2.  The applicant's record contains a DA Form 4187 (Personnel Action) which shows that, on 17 April 2006, his duty status changed from present for duty (PDY) to absent without leave (AWOL). 

3.  The applicant's record contains a DA Form 4187 which shows that, on 18 May 2006, his duty status changed from AWOL to deserter. 

4. The applicant's record contains a DA Form 4187 which shows that, on             9 February 2007, his duty status changed from Confined Civilian Authorities to PDY.

5.  The applicant’s record contains a DD Form 458 (Charge Sheet) which shows that, on 22 February 2007, court-martial charges were preferred against the applicant for absenting himself without authority from his organization from on or about 15 April through 16 August 2006.

6.  On 22 February 2007, 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.

7.  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.

8.  On 6 March 2007, the separation authority directed that the applicant be separated under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial and that he receive an under other than honorable conditions discharge.  On 28 March 2007, the applicant was discharged accordingly.  The DD Form 214 issued to him 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 11 months and 21 days of creditable active military service and 297 days lost due to unauthorized absence without leave.

9. The applicant submitted a copy of his college transcript dated 21 May 2009.

10.  The applicant submitted a memorandum from the Department of the Army, Office of the Deputy Chief of Staff, G-1, Washington, DC, dated 4 September 2008, which explained to the applicant that since he had an RE code of RE-4, he was ineligible for reenlistment.  The Acting Chief of Enlisted Accessions also informed his that if he believed his discharge was in error or injustice he should apply to this Board for a final determination.

11.  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.

12.  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 applicant’s 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 applicant’s 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)                                         AR20090005599



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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