IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090018421
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 of his earlier request for an upgrade of his discharge. As a new issue, he also requests that his reentry (RE) code of 4 be changed so that he may reenter the military.
2. The applicant states that he takes responsibility for being absent without leave (AWOL). When he turned himself in he was asked if he wanted to stay in the Army. He regrets saying no. He wants a second chance to prove himself. When he was in the Army he applied himself and his service was always beyond satisfactory. Leaving in an AWOL status was a stupid mistake and he wants a chance to prove he has learned from his actions.
3. The applicant provides no substantiating documents in support of his request.
CONSIDERATION OF 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.
2. In the earlier case, the Board rejected the applicant's contention that his discharge should be upgraded because the separation authority did not take into consideration his medical conditions and personal situation.
3. The applicant's 1 year, 5 months and 9 days of Regular Army service included 6 months and 7 days of creditable service and 332 days in an AWOL status.
4. The applicant was discharged due to his own request under the provisions of Army Regulation 635-200, chapter 10 in lieu of trial by court-martial. He was assigned a Separation Program Designator (SPD) code of KFS and an RE code of 4.
5. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states the SPD code of KFS is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial. The SPD/RE Code Cross Reference Table establishes an RE code of 4 as the proper code to assign members separated with an SPD code of KFS.
6. Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Chapter 3 provides basic eligibility criteria for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. An RE code of 3 applies to persons separated from their last period of service with a waivable disqualification, and an RE code of 4 applies to persons with a non-waivable disqualification.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he takes responsibly for his actions and he would like to reenter the military. He always felt proud to serve and would like to be able to do so again.
2. The applicant's professed desire to reenter the military does not justify upgrading his discharge.
3. The applicant was properly separated and assigned an RE code of 4 in accordance with the regulation then in effect.
4. There appears to be no basis for removal or waiver of the disqualification which established his assigned RE code.
5. In view of the circumstances in this case, the applicant's characterization of service is appropriate and the assigned RE code was and still is appropriate.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X__ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. In regard to the request for reconsideration of his earlier request for an upgrade of his discharge, 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 to amend the decision of the ABCMR set forth in Docket Number AR20090004892, dated 14 July 2009, or otherwise correct the records of the individual concerned.
2. In regard to the new issue, 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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