IN THE CASE OF:
BOARD DATE: 23 March 2010
DOCKET NUMBER: AR20090015572
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, correction of his Reentry Eligibility (RE) code to a code that will allow him to reenlist.
2. The applicant states, in effect, there is no injustice and he deserves the code he was assigned. He states he now realizes service to his country is the highest honor he can receive and he would like to attempt to reenter the military.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army (RA) for 3 years on 17 August 2000.
3. There are no records of nonjudicial punishment contained in the applicant's official records. However, his records show that on 1 March 2004, the applicant was notified that charges were pending against him for being absent without leave on the following dates:
* 1 November 2000 until 5 April 2001
* 8 April 2001 until 29 March 2003
* 1 April 2003 until 4 February 2004
4. He acknowledged receipt of the notification on 1 March 2004 and, after consulting with counsel, he submitted a request for discharge under Army Regulation 635-200, chapter 10, for the good of the service in lieu to trial by court-martial.
5. The appropriate authority approved his request for discharge on 3 March 2004 and directed the issuance of a discharge under other than honorable conditions.
6. On 10 March 2004, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial with an under other than honorable conditions discharge. He completed 3 months and 6 days of net active service and he had over 2 years of lost time due to being AWOL. He was assigned a separation code of KFS
(In Lieu of Trial by Court-Martial) and an RE code of 4.
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states 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 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Amy Reserve (USAR). Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment. This chapter includes a list of armed forces RE codes, including RA RE codes. An RE code of 4 applies to persons ineligible for enlistment.
8. Army Regulation 601-210, chapter 3-10, also provides that RE codes may be changed only if they are determined to be administratively incorrect. Applicants who have corrected RE codes would be processed for a waiver at their request, if otherwise qualified, and a waiver is authorized.
9. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons.
10. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for RA Soldiers and Reserve Component Soldiers separated for cause. The SPD code of "KFS" has a corresponding RE code of "4."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code should be changed to a code that will allow him to reenter the military.
2. As the applicant states, there is no error or injustice in his assigned RE code.
He submitted a request for discharge for the good of the service in lieu of trial by court-martial and he was assigned an RE code of 4 and a SPD of KFS based on his reason for discharge.
3. Although the applicant desires to reenlist in the military and now believes that service to his country is the highest honor that he could receive, it is insufficient justification for granting the relief requested.
4. In view of the foregoing there is no basis for granting the applicant's request.
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) AR20090015572
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090015572
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100000087
He was discharged on 14 June 2006 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, in lieu of trial by court-martial. 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. The evidence of record confirms the applicants RE code was assigned based on the fact that he was discharged under the provisions of...
ARMY | BCMR | CY2009 | 20090018421
IN THE CASE OF: BOARD DATE: 27 May 2010 DOCKET NUMBER: AR20090018421 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090004892, on 14 July 2009. It states the SPD code of KFS is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2009 | 20090008066
IN THE CASE OF: BOARD DATE: 1 October 2009 DOCKET NUMBER: AR20090008066 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The SPD code of KFS was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. Furthermore, there are no provisions for an automatic change of RE codes after any given period of time.
ARMY | BCMR | CY2010 | 20100022915
The applicant requests an upgrade of his reentry (RE) code. This regulation provides 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. The SPD code of "KFS" is the correct code for Soldiers separating under Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.
ARMY | BCMR | CY2010 | 20100012973
The DD Form 214 shows he was discharged on 29 March 2001 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of court-martial. 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. The applicant was assigned an RE code of "4" based on the fact that he was discharged...
ARMY | BCMR | CY2009 | 20090015006
8 Army Regulation 635-200 further 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. 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. The SPD code of KFS was the appropriate code for the applicant based on the guidance provided in this regulation...
ARMY | BCMR | CY2010 | 20100013611
Army Regulation 635-200 provides, 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. The "KFS" SPD code is the correct code for Soldiers separating under chapter 10 of Army Regulation 635-200. _______ _ __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.
ARMY | BCMR | CY2009 | 20090012274
The applicant requests upgrade of his general, under honorable conditions discharge to an honorable discharge, with a corresponding change to his reentry (RE) code and narrative reason for separation. His second period of service ended when he was separated for unsatisfactory performance under the provisions of chapter 13, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), with a characterization of service of general, under honorable conditions. His third period of...
ARMY | BCMR | CY2011 | 20110014320
On 18 November 2001, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. Army Regulation 635-200 further states 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. Table 3-1 included a list of the RA RE codes: a. RE-1 applies to Soldiers completing...
ARMY | BCMR | CY2010 | 20100007037
He was discharged on 25 August 2000 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial. 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. Army Regulation 635-200 states, in pertinent part, that prior to discharge...