BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090009187
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, that his reentry (RE) code be changed to an RE code which would allow him to enlist.
2. The applicant states that he believes his immaturity and age caused him to act in the manner which led to his discharge.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted in the Regular Army on 19 January 2006. His date of birth is 13 January 1987.
2. On 4 May 2006, while the applicant was still in initial entry training,
court-martial charges were preferred against the applicant for being absent without leave (AWOL) from on or about 23 March to on or about 2 May 2006.
3. On 4 May 2006, the applicant requested discharge in lieu of trial by
court-martial. In that request he acknowledged guilt to the charge and stated that under no circumstances do I desire further rehabilitation, for I have no desire to perform further military service.
4. His request was approved by the appropriate authority and he was discharged under other than honorable conditions on 7 June 2006. He was 19 years old at the time. The DD Form 214 he was issued shows his Separation Code (SPD) as "KFS" and his RE code as RE-4.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate.
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, then in effect, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the US Army Reserve. Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment. That chapter included a list of armed forces RE codes. Those RE codes include RE-1 which applies to individuals who were fully qualified for reenlistment when last separated. Soldiers assigned an RE-1 are fully qualified for enlistment. The code RE-3 applies to individuals who are not qualified for continued Army service, but the disqualification is waiverable. Soldiers assigned an RE-3 are ineligible for enlistment unless a waiver is granted. The code RE-4 applies to individuals who are not qualified for continued Army service and the disqualification is not waiverable. Soldiers assigned an RE-4 are ineligible for enlistment.
7. Separation Program Designator (SPD)/Reentry (RE) Codes Cross Reference Table shows that the SPD "KFS" is to be assigned an RE-4 code.
DISCUSSION AND CONCLUSIONS:
1. The applicant was 19 years old when he enlisted and when he was discharged. This is no younger than other Soldiers who honorably complete their enlistments. As such, his youth is not accepted as a reason to change his RE code.
2. The applicant was AWOL for 34 days. This was serious misconduct and warranted an under other than honorable conditions discharge.
3. The applicant's reason for separation required an SPD of "KFS" and the Separation Program Designator (SPD)/Reentry (RE) Codes Cross Reference Table shows that the SPD "KFS" is to be assigned an RE-4 code.
4. In view of the foregoing, there is no basis for changing the applicant's RE code.
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) AR20090009218
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