IN THE CASE OF:
BOARD DATE: 2 February 2010
DOCKET NUMBER: AR20090014276
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, change of his Reentry Eligibility (RE) code of RE-4 to an RE code that will allow him to reenter the U.S Army.
2. The applicant gives a brief description of the events which contributed to him being absent without leave (AWOL). Overall, he alleges that he was unable to find a place for his son to stay while he continued his Army career. He admits that he went AWOL for about 6 to 8 months and he was apprehended by his hometown police department. He spent one week in a county jail then he was returned to military control at Fort Knox, KY. After being in-processed, he was discharged with an under other than honorable conditions discharge with an RE code of 4. The applicant asks that his RE code be changed so he can return to the U.S. Army.
3. The applicant provides no additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 17 October 2007. He was ordered to active duty on 29 May 2008.
2. The applicant was discharged on 28 May 2009 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial. He completed 4 months of active military service with approximately 240 days of lost time due to AWOL.
3. His DD Form 214 shows he was issued an RE code of 4 and a Separation Program Designator (SPD) code of "KFS" (In Lieu of Trial by Court-Martial).
4. 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, submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
5. 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 Army
Regulation 635-200, chapter 10."
6. The SPD/RE Code Cross Reference Table establishes RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 10 in lieu of trial by court-martial.
7. 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 Regular Army (RA) and the U.S. Army Reserve (USAR). Table 3-1 included a list of the RA RE codes:
a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met.
b. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted.
c. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicants statements were noted. However, there is insufficient evidence on which to grant the applicant's requested relief.
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 voluntary 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.
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