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).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests a change to his reentry eligibility (RE) code so he can enlist.
2. The applicant states he was absent without leave (AWOL) because he was denied leave when his wife was raped. He just wanted to take a few days to get her settled in a safe place, but the battalion commander refused. He knows he was wrong. He misses being in the Army. He would never do that again. He just wants a second chance to serve.
3. The applicant provides no additional documentation in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 February 2008. He never completed initial entry training.
2. He was AWOL from 9 May 2008 to 7 July 2008. When charges were preferred for that offense he voluntarily requested discharge in lieu of trial by court-martial. He did not submit any statements with his request.
3. His request for discharge was approved and on 24 September 2008 the applicant was separated with an under other than honorable conditions discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 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.
4. 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 (Certificate of Release or Discharge from Active Duty). 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 to members separated with an SPD code of KFS.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Chapter 3 provides basic eligibility criteria for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE code of 4 applies to persons with a non-waivable disqualification.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he takes responsibility 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 was properly separated and assigned an RE code of 4 in accordance with the regulation.
3. The applicant's professed reason for AWOL and desire to reenter the military do not justify changing his RE code. There appears to be no basis for removal or waiver of the disqualification which established his assigned RE code.
4. 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:
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) AR20100000388
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100000388
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