IN THE CASE OF:
BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20100007400
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 of 4 be changed to a more favorable RE code to allow him to return to active duty.
2. The applicant states the following:
* He served his first tour without getting into trouble
* His marriage was on the rocks
* He would like the chance to get back into the military and fulfill the 6-year commitment he made
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a self-authored statement in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 27 February 2003 under the delayed entry program for a period of 8 years. He enlisted in the Regular Army on 12 March 2003 for a period of 4 years.
2. The applicant was discharged on 6 August 2007 under the provisions of Army Regulation 635-200, chapter 10 in lieu of trial by court-martial. He completed
4 years, 1 month, and 12 days of active military service with approximately 104 days of lost time.
3. His DD Form 214 shows he was assigned an RE code of 4 and a Separation Program Designator (SPD) code of "KFS" (In Lieu of Trial by Court-Martial).
4. The applicant provided a self-authored statement to explain his reasons for being absent without leave (AWOL):
* He went AWOL because of a situation at home that was ongoing while he was deployed in Iraq
* All of his pay was being taken
* He asked for leave, but he was denied
* He would like his RE code changed to a code that will allow him to get back into the military
5. 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 under other than honorable conditions is normally considered appropriate.
6. Army Regulation 635-5-1 (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 shows that the separation program designator KFS as shown on the applicants DD Form 214 specifies the narrative reason for discharge as In Lieu of Trial by Court-Martial and that the authority for discharge under this separation program designator is
AR 635-200, chapter 10."
7. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of AR 635-200, chapter 10 in lieu of trial by court-martial.
8. 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 Regular Army (RA) and the U.S. Army Reserve (USAR). Table 3-1 includes a list of the RA RE codes:
a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met.
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-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions are acknowledged. However, the evidence of record does not show that an error or injustice exists in this case.
2. The applicant's RE code was assigned based on his reason for discharge and cannot be changed unless the applicant's narrative reason for separation is changed. His narrative reason for separation was based on his voluntary request for discharge in lieu of trial by court-martial and there is no basis upon which this reason should be changed. In view of the foregoing, there is no basis for granting relief in this case.
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) AR20100007400
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) ARMY | BCMR | CY2010 | 20100029004
Army Regulation 635-5-1 (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. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter...
ARMY | DRB | CY2013 | AR20130005443
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 27 May 2009 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial/AR-635-200 Chapter 10/KFS/RE-4 e. Unit of assignment: C Co, 447th Signal Battalion, 15th Signal Brigade Fort Gordon, GA f. Current Enlistment Date/Term: 20 March 2008, 6 years g. Current Enlistment Service: 4 months, 19 days h. Total Service: 4 months, 19 days i. On 18 May 2009, the separation authority approved the Chapter 10 request...
ARMY | BCMR | CY2009 | 20090002401
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 2 February 2006. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2010 | 20100022781
His OMPF does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he was discharged on 6 October 2005 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, for the good of the service in lieu of trial by court-martial. His DD Form 214 also shows he was assigned a separation program designator (SPD) code of "KFS" (voluntary discharge - in lieu of trial by court-martial) and a...
ARMY | BCMR | CY2014 | 20140000151
On 23 March 2009, he consulted with counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 10. However, the evidence of record confirms his RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, chapter 10. Therefore, the applicant received the appropriate RE code associated with his...
ARMY | BCMR | CY2011 | 20110001168
Army Regulation 635-5-1 (Separation Program Designator (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. It states that the SPD code KFS is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 10, by reason of in lieu of trial by court-martial. Army Regulation 635-200 further states that prior to discharge or...
ARMY | BCMR | CY2009 | 20090006646
On 30 March 2001, the applicant requested discharge in lieu of trial by court-martial. 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. The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
ARMY | BCMR | CY2008 | 20080007221
The applicant states, in effect, his discharge was upgraded to a discharge under honorable conditions by the Army Discharge Review Board (ADRB). Counsel provides no additional evidence or official documentation in support of the applicant's application. Paragraph 3-27 (Correction of Army RE codes) of Army Regulation 601-210, then in effect, provided that RE codes may be changed only if they are determined to be administratively incorrect.
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.
ARMY | BCMR | CY2010 | 20100000102
IN THE CASE OF: BOARD DATE: 1 July 2010 DOCKET NUMBER: AR20100000102 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states, in...