BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20100007285
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 eligibility (RE) code be changed.
2. The applicant states:
* his record is in error since his discharge was upgraded because it was deemed inequitable; therefore, he believes his RE code to be inequitable as well
* he understands his actions were not the best but there are Soldiers who committed the same offense and are currently serving honorably with no problems
* he is not allowed to recover from his mistake like many have in the military and continue his career with honor and pride like he did prior to making the error
* his service records speak for themselves in stating what caliber of Soldier he can be
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 29 March 2000 and trained as a military policeman and Patriot fire control operator.
2. On 5 October 2006, with intent to avoid hazardous duty (deployment to Iraq), the applicant quit his unit and remained so absent in desertion until 18 January 2007. On 14 March 2007, charges were preferred against the applicant for desertion. On 11 April 2007, the applicant requested discharge in lieu of trial by court-martial. On 7 June 2007, the separation authority approved the applicant's request for discharge and directed the issuance of a discharge under other than honorable conditions. The applicant was discharged on 14 June 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 years, 11 months, and 2 days of creditable active service with 106 days of lost time.
3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the following:
* item 25 (Separation Authority) "Army Regulation 635-200, chapter 10"
* item 26 (Separation Code) "KFS"
* item 27 (Reentry Code) "4"
* item 28 (Narrative Reason for Separation) "in lieu of trial by court-martial"
4. On 10 February 2009, the Army Discharge Review Board upgraded the applicant's discharge to under honorable conditions (general discharge).
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 SPD's to be used for these stated reasons. The regulation states the reason for discharge based on SPD 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 states 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 included a list of the Regular Army 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 an SPD code of KFS will be given an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered, However, 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 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) AR20100007285
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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