IN THE CASE OF:	

		BOARD DATE:	9 September 2009    

		DOCKET NUMBER:  AR20090007303 


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, reconsideration to have his under other than honorable conditions (UOTHC) discharge upgraded to a general discharge.  As new issues, he requests correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment, and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Air Assault Badge.

2.  The applicant states, in effect, that family issues and lack of sufficient support from the Army in this regard led to his separation.  He adds that the lack of counseling statements or documents showing attempts to rehabilitate him verify this contention.  He states that he wants to enlist in the Army National Guard.

3.  The applicant provides an Air Assault School Certificate of Training; a Certificate of Promotion to the rank of private, pay grade E-2; a memorandum approving his discharge; a DD Form 139 (Pay Adjustment Authorization); and Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Permanent Orders 26-188, dated 27 January 1999, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested, in effect, reconsideration of the Army Board for Correction of Military Records' (ABCMR) denial of his previous request for his UOTHC discharge to be upgraded to a general discharge which was summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20060001815 on 12 September 2006.

	a.  Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier Board decision if the request is received within 1 year of the Board's original decision and it has not previously been reconsidered.

	b.  The Board staff reviewed the applicant's request for reconsideration and determined that his request for reconsideration was not received within 1 year of the Board's original decision.  As a result, his request for reconsideration does not meet the criteria outlined above.

	c.   The Board will not consider any further requests for reconsideration of this matter.  However, the applicant has the option to seek relief in a court of appropriate jurisdiction.  Therefore, this portion of the applicant's request will not be discussed further in these proceedings.

2.  The applicant's military records show he enlisted in the Regular Army on 19 August 1997.  He was awarded the military occupational specialty of health care specialist and was promoted to pay grade E-2.

3.  On 12 April 2005, the applicant was separated under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations).  His DD Form 214 shows in item 26 (Separation Code) the entry "KFS" and item 27 (Reentry Code) shows the entry "4."

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), Table 2-3, states that the SPD code KFS denotes in lieu of trial by court-martial.

5.  The Army Human Resources Command publishes a cross-reference list of SPD and RE codes.  The cross-reference list in effect at the time showed that an SPD code of KFS was assigned an RE code of 4.

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 and the U.S. Army Reserve Components.  Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes.  Paragraph 3-22 of the regulation in effect at the time stated that a code of RE-3 applied to persons who were not considered fully qualified for reentry or continuous service at time of separation, but disqualification was waivable.  Paragraph 3-22 of the regulation stated that RE-4 applied to a Soldier who was separated from last period of service with a nonwaivable disqualification.  RE-2 is no longer used.

7.  The applicant provided Headquarters 101st Airborne Division (Air Assault) and Fort Campbell, Permanent Orders 26-188, dated 27 January 1999, which show award of the Air Assault Badge.

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the Air Assault Badge.  Award of the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction or completed the standard Air Assault Course while assigned or attached to 101st Airborne Division (Air Assault) after 1 April 1974.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Air Assault Badge.  Therefore, he is entitled to have the Air Assault Badge added to his DD Form 214.

2.  The applicant was assigned the proper separation code, and the cross-reference list shows that the proper RE code for his separation code was RE-4.

3.  As such, the applicant's RE code is correct and there is no reason to change it.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding the Air Assault Badge.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to upgrading the applicant's RE code.



      ____________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)                                         AR20090007303



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ABCMR Record of Proceedings (cont)                                         AR20090007303



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