BOARD DATE:	  8 September 2010

		DOCKET NUMBER:  AR20100008113 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code which would allow him to reenter the military.

2.  The applicant states, in effect, the Army was a big part of his life and that he desires to return and fulfill his term as a Soldier.

3.  The applicant provides his DD Form 214 and a memorandum requesting an uncharacterized characterization of service.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the U.S. Army Reserve on 21 December 2001.  He completed initial entry training and he was awarded the military occupational specialty of power generator equipment repairer.  He was discharged from the U.S. Army Reserve on 18 February 2004 due to his enlistment in the Regular Army for 3 years effective 19 February 2004.  The highest rank/grade he held was private first class (PFC)/E-3.

2.  His records show he was charged with being absent without leave during the period 26 May 2004 to 12 September 2006.



3.  On 22 September 2006, after consulting with counsel he voluntarily requested discharge in lieu of court-martial under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations).  He acknowledged that he was making the request of his own free will and that he had been advised of the implications that were attached to it.  He acknowledged that by submitting the request for discharge that he was guilty of the charge against him or of (a) lesser included offense(s) therein contained which also authorized the imposition of a discharge under other than honorable conditions.  He indicated that under no circumstances did he desire further rehabilitation; he had no desire to perform further military service.

4.  The applicant also acknowledged he had been fully advised of the nature of his rights under the Uniform Code of Military Justice.  The applicant further acknowledged he understood that if his discharge request was approved he would be deprived of many or all Army benefits, that he could be ineligible for many or all benefits administered by the Department of Veterans Affairs, and that he could be deprived of his rights and benefits as a veteran under both Federal and State laws.

5.  On 26 December 2006, his request for discharge in lieu of trial by court-martial was approved by the appropriate authority.

6.  On 25 January 2007, he was issued a general discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial after completing 1 year and 14 days of active service.  This form shows lost time under 10 USC 972 during the period 2040526-20060912 (approximately 839 days).  His DD Form 214 shows in item 26 (Separation Code) the entry "KFS" and in item 27 (Reentry Code) the entry "4."  

7.  On 19 August 2008, the Army Discharge Review Board denied his request to upgrade his general discharge.
 
8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), Table 2-3, states the SPD code KFS denotes in lieu of trial by court-martial.

9.  The Army Human Resources Command publishes a cross-reference list of SPD and RE codes.  The cross-reference table in effect at the time showed that an SPD code of KFS was assigned an RE code of 4.

10.  Pertinent Army regulations provide 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 RA and the U.S. Army Reserve Components.  Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes.  Table 3-1 of the regulation states RE-4 applied to a Soldier who was separated from the last period of service with a nonwaivable disqualification.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant requested a change of his RE code, it is necessary to consider whether the reason for his discharge should be changed since the RE code is based on the reason for discharge.  The applicant admitted guilt to the charge of being AWOL and voluntarily requested discharge to avoid trial by court-martial.  As such, his discharge was proper and equitable.

2.  There is no evidence in the available record and the applicant has provided no evidence that shows irregularity in the assignment of his RE code.  The applicant was disqualified from reenlistment based on misconduct and the disqualification is non-waivable under Army Regulations.

3.  The SPD cross-reference table shows the applicant was assigned an RE code of 4 based on the reason for discharge.  As such he was properly assigned an RE code of 4.

4.  While his desire to enlist in the Army is commendable, this is not a basis for changing a properly assigned RE code.  As such, the applicant's RE code is correct and there is no reason to change it.

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)                                         AR20100008113



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)