IN THE CASE OF:	  

		BOARD DATE:	    20 May 2010

		DOCKET NUMBER:  AR20090019508 


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 the Reentry (RE) Code on her 27 October 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. 

2.  The applicant states she was informed that she would be able to reenlist after six months if she could get a recruiter to reenlist her.  She adds she got mixed up with the wrong people and made a mistake.

3.  The applicant provides a copy of her DD Form 214 and separation orders.  

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that she enlisted in the Regular Army on 
19 September 2007.  On 7 August 2008, charges were preferred against her for being absent without leave (AWOL) from her unit from 12 March 2008 to 
4 August 2008. 

2.  On 8 August 2008, the applicant consulted with counsel and requested a discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10 of Army Regulation 635-200.

3.  The applicant signed her request for discharge and acknowledged that she was making the request under her own free will; that she was afforded the opportunity to speak with counsel; that she may be furnished an under other than honorable conditions (UOTHC) discharge; that she may be deprived of many or all Army benefits; that she may be ineligible for many or all Department of Veterans Affairs benefits; and that she may expect to encounter substantial prejudice in civilian life due to the issuance of a UOTHC discharge.  

4.  On 22 September 2008, the appropriate authority approved the applicant's request for discharge for the good of the service in lieu of trial by court-martial and directed that she be discharged with an under other than honorable conditions discharge.

5.  The applicant’s DD Form 214 shows that she was discharged on 27 October 2008 under the provisions of chapter 10, Army Regulation 635-200 in lieu of trial by court-martial.  The applicant had completed a total of 8 months and 16 days of creditable active military service.  Item 26 shows she was assigned a Separation Program Designator (SPD) code of "KFS" and item 27 shows her RE code as "4."

6.  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 UOTHC is normally considered appropriate.

7.  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.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  RE-1 permits immediate reenlistment if all other criteria are met.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  An RE code of “4” indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for enlistment.

8.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities, reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  This regulation state, in pertinent part, that SPD code "KFS" applies to persons discharged for the good of the service in lieu of trial by court-martial.

9.  The SPD Code/RE Code Cross Reference Table shows that when the SPD is "KFS" then RE-4 will be given.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's argument that she was informed that she would be able to reenlist after six months was considered.  However, there are no provisions in Army regulations that allow a Soldier to automatically reenlist with an RE Code of "4" after a period of time has elapsed.  The applicant must provide evidence to prove that the RE Code was rendered unjustly, in error, or that there were mitigating circumstances which warrant correcting this code.  Therefore, her argument is not sufficient as a basis to change her RE Code.

2.  By regulation, the SPD code of KFS and an RE code of “4” will be assigned to members who are discharged for the good of the service in lieu of trial by court-martial.  The applicant committed the offense of AWOL for which the authorized punishment includes a punitive discharge.  She requested and received a discharge for the good of the service in lieu of trial by court-martial.  Her voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, tends to show the applicant wished to avoid trial by court-martial, a Federal conviction, and the punitive discharge that she may have received.

3.  All requirements of law and regulation were met and the applicant’s rights were fully protected throughout the separation process.  

4.  Absent any evidence of error or injustice in the discharge process, the RE code assigned was proper and equitable based on the authority and reason for discharge, and it remains valid.  As a result, there is an insufficient evidentiary basis to support a change to the RE code.  

5.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20090019508





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ABCMR Record of Proceedings (cont)                                         AR20090019508



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