IN THE CASE OF:
BOARD DATE: 1 July 2010
DOCKET NUMBER: AR20100000102
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 from "4" to "1" so he can reenlist.
2. The applicant states before he joined the Army he spoke with a recruiter (staff sergeant) and the recruiter told him if he found himself not wanting to be in the Army after he arrived at basic training he could just leave and he would be discharged as if he was never in the military. The recruiter stressed to him that this was no big deal and people did it all the time. After arriving at basic training, a long time friend died and he called his recruiter from a pay phone and asked what would happen if he left (for the funeral) and came back. His recruiter told him he would be written up and thrown back into the service, again stressing "no big deal." He believed the recruiter and decided to leave basic training and return home with the intention of coming back to training after the funeral.
3. The applicant states when he returned home he was unable to afford a plane ticket back and he was stuck at home for a little bit (over a month). When he finally did return to base he was handcuffed and told he was going to be discharged from the Army with no chance of returning to duty. He had no idea what kind of trouble he was getting himself into by listening to a staff sergeant (recruiter). He wants nothing more than to serve his country once again.
4. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 28 August 2006 for a period of 3 years and 18 weeks.
2. Records show the applicant went absent without leave (AWOL) on 10 October 2006 and returned to military control on 7 January 2007.
3. The facts and circumstances surrounding the applicants discharge are not contained in the available records. However, his DD Form 214 shows he was discharged on 14 May 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 6 months and 2 days of creditable active service with 90 days of time lost.
4. 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"
5. 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.
6. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) 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.
7. 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:
The applicant's contentions were carefully considered. However, in the absence of evidence to the contrary, it must be presumed that the applicants RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
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) AR20100000102
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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