IN THE CASE OF:
BOARD DATE: 25 AUGUST 2009
DOCKET NUMBER: AR20090009213
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 be changed so he can enlist in the Kansas Army National Guard.
2. The applicant states, in effect, that after he was honorably discharged in 2003 he moved to Kansas City with his wife and pursued a career in law enforcement. He goes on to state that his wife was not happy with his career as a police officer and that the constant rotation of his shifts and late hours affected their marriage. His wife made comments to him about how their lives were better when he was in the Army. In May 2006 his wife told him to move out. He believed that he could save his marriage if he went back into the Army so he resigned from his job as a policeman and reenlisted in the Army on 2 August 2006. His wife told him that if she changed her mind about their marriage she would let him know. However, after arriving at his unit there was less contact from his wife and she decided to move on without him. He indicates that he reenlisted for the wrong reasons. He further states that he went absent without leave (AWOL) to get out of the Army quickly, that he never should have reenlisted but he is responsible for what he did, and that he enjoyed his career in the Army.
3. The applicant provides a letter, dated 27 March 2009, from a Member of Congress; emails from his ex-wife; three character reference letters; counseling statements; orders for the Good Conduct Medal; DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 20 December 2006 and 5 December 2003; service personnel records; a Basic Training Official Transcript; and certificates of training in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 February 2001, served as a utility equipment repairer, and was honorably discharged on 5 December 2003 to attend school. He reenlisted in the Regular Army on 2 August 2006 for a period of 3 years and 16 weeks.
2. The applicant went AWOL on 10 September 2006 and returned to military control on 6 November 2006. On 9 November 2006, charges were preferred against the applicant for the AWOL period. On 9 November 2008, the applicant requested discharge in lieu of trial by court-martial. On 3 December 2008, the separation authority approved the applicant's request. The applicant was discharged under other than honorable conditions on 20 December 2008 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.
3. Item 25 (Separation Authority) on the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the entry "AR [Army Regulation] 635-200, CHAP [chapter] 10." Item 26 (Separation Code) on his DD Form 214 shows the entry "KFS." Item 27 (Reentry Code) on his DD Form 214 shows the entry "4." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "IN LIEU OF TRIAL BY COURT-MARTIAL."
4. In support of his claim, the applicant provided three character reference letters from a police officer and two friends. They attest that the applicant has a professional attitude, and that he is intelligent, loyal, and respectful.
5. Army Regulation 635-5-1 (Separation Program Designator (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 states the reason for discharge based on separation code "KFS" is "in lieu of trial by court-martial" and the regulatory authority is Army Regulation
635-200, chapter 10.
6. Army Regulation 635-200 states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Table 3-1 included a list of the RA RE codes:
a. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
b. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
c. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
7. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given a separation program designator of "KFS" will be given an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The character reference letters submitted on behalf of the applicant fail to show that his RE code was unjust and should be changed.
2. The applicant's contentions were carefully considered. However, his RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
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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