BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090020210
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 his reentry (RE) code be changed to a "3" or better so he can reenter the Army.
2. The applicant states:
* he wants to reenter military service
* he went absent without leave (AWOL) because his father-in-law was dying of cancer
* his wife needed help because she was taking care of her disabled mother, grandfather, and stepfather
* he believed at the time he was doing the right thing
* he made a huge mistake
* he is sorry
* he accepts responsibility for his actions
* since his discharge he has not been in any trouble
* he has done a lot of growing up since his discharge
3. The applicant provides:
* a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* his father-in-law's Certificate of Death
* two letters of recommendation
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 16 November 2005. The applicant went AWOL on 3 April 2006 and he returned to military control on
29 July 2007. Charges were preferred against the applicant for the AWOL period. On 16 August 2007, the applicant requested discharge in lieu of trial by court-martial. He was discharged on 14 November 2007 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, in lieu of trial by court-martial. He had served a total of 8 months and 2 days of creditable active service with 482 days of time lost.
2. The applicant's DD Form 214 shows the following:
* Item 25 (Separation Authority) shows the entry "AR [Army Regulation] 635-200, CHAP [chapter] 10"
* Item 26 (Separation Code) shows the entry "KFS"
* Item 27 (Reentry Code) shows the entry "4"
* Item 28 (Narrative Reason for Separation) shows the entry, "IN LIEU OF TRIAL BY COURT-MARTIAL."
3. In support of his claim, the applicant provided two letters of recommendation, one from his wife and the other from his wife's uncle. His wife attests it was her fault and she feels responsible for her husband going AWOL because she was not strong enough to take care of three disabled people with one of them dying of cancer. His wife's uncle states the applicant helps people and deserves a second chance.
4. 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.
5. 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 Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
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-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
6. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given a SPD code of "KFS" will be given an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicants RE code was assigned based on the fact that he was discharged under the provisions of Army Regulation
635-200, chapter 10. The RE code associated with this type of discharge is an "RE-4." Therefore, the applicant received the appropriate RE code associated with his discharge.
2. The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his separation. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20090020210
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090020210
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050015151C070206
Fields | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2011 | 20110020554
A Characterization of Service Checklist for Administrative Discharge Actions shows the applicant was AWOL twice, from 27 June 2005 to 16 July 2005 and from 20 July 2005 to 9 January 2006. On 30 January 2006, the separation authority approved the applicant's discharge request under the provisions of Army Regulation 635-200, chapter 10, and directed the applicant be reduced to the lowest enlisted grade and discharged under other than honorable conditions. Army Regulation 635-200 further...
ARMY | BCMR | CY2008 | 20080009600
The applicant requests, in effect, that his bad conduct discharge be upgraded to an honorable or general discharge, and that his reentry (RE) code be changed to an RE code that he can reenter the Service with. The applicant contends that his bad conduct discharge should be upgraded to an honorable or general discharge, and that his RE code should be changed to an RE code that he can reenter the Service with. However, after a thorough review of the available records, there was no cause for...
ARMY | BCMR | CY2009 | 20090016680
Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the administrative separation of enlisted personnel. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides, in pertinent part, that the reasons for separating Soldiers from active duty and their corresponding SPD codes will be entered on the Soldiers' DD Forms 214. The evidence of record shows the applicant's RE code was assigned based on his discharge under...
ARMY | BCMR | CY2012 | 20120003915
On 22 August 2007, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. The SPD code KFS applies to individuals discharged for the good of the service in lieu of trial by court-martial. The available evidence indicates he requested to be discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.
ARMY | BCMR | CY2012 | 20120005629
He was reissued a new DD Form 214 that listed his characterization of service as under honorable conditions (general); but his narrative reason for separation, RE code, and separation code were not changed. The applicant's record of service shows that he was charged with being AWOL. The applicants separation and RE codes were assigned based on the fact that he was separated under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial, due to being AWOL.
ARMY | BCMR | CY2011 | 20110014940
In his request for discharge, he acknowledged he understood if the discharge request was approved, he might be discharged under other than honorable conditions. It states the SPD code KFS is the appropriate code to assign to Soldiers discharged in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment, and includes a list of Armed Forces reentry codes,...
ARMY | BCMR | CY2008 | 20080016600
Although the complete facts and circumstances pertaining to the applicants discharge, i.e., his separation packet, are not contained in the available records, his military records did contain an undated memorandum which shows that the applicant's request for discharge in lieu of trial by court-martial was approved, and that he would be issued a general discharge certificate. This DD Form 214 shows that the applicant was discharged under the provisions of Chapter 10 (Discharge in Lieu of...
ARMY | DRB | CY2009 | AR20090012511
Applicant Name: ????? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: ?????
ARMY | BCMR | CY2010 | 20100000388
IN THE CASE OF: BOARD DATE: 20 July 2010 DOCKET NUMBER: AR20100000388 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). _______ _ 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.