IN THE CASE OF:
BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20100008586
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 that her reentry eligibility (RE) code be changed from 4 to 3 so that she may reenter the Army.
2. The applicant states she faced the consequences and realized how much she wants to fight for her country and become a better person with the help of the U.S. Army.
3. The applicant provides no additional documentation in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 November 2006.
2. A DA Form 4187 (Personnel Action), dated 26 January 2007, shows she departed her unit at Fort Jackson, SC, in an absent without leave (AWOL) status on 26 January 2007. A second DA Form 4187 shows that she surrendered to military authorities at Fort Jackson on 25 February 2008.
3. On 28 February 2008, court-martial charges were preferred against the applicant for her AWOL period.
4. The applicant was notified that charges were preferred against her and on
28 February 2008, after consulting with counsel, she submitted a request for
discharge 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. She stated in her request that under no circumstances did she desire further rehabilitation for she had no desire to perform further military service.
5. The appropriate authority approved the request for discharge on 21 March 2008 and directed the issuance of an under other than honorable conditions discharge. On 9 April 2008, she was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of trial by court-martial with service characterized as under other than honorable conditions.
6. The applicant's DD Form 214 shows she was given a separation program designator (SPD) code of KFS (voluntary discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial) and an RE code of 4.
7. 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.
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Reserve. The regulation provides 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. Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment. This chapter includes a list of Armed Forces RE codes, including Regular Army RE codes.
* RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable
* RE-4 applies to persons not qualified for continued service because they were separated from the service with a non-waivable disqualification
9. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific reasons for separating Soldiers from active duty and the separation codes to be entered on the DD Form 214. It provides that when a Soldier's narrative reason for separation is in lieu of trial by court-martial, a separation code of KFS will be entered in block 26 of the DD Form 214.
10. The SPD/RE Code Cross Reference Table states that when the SPD code is KFS then the RE code 4 will be issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged and assigned an RE code in accordance with the applicable regulation.
2. The applicant was charged with an offense which could have led to a punitive discharge, which includes a bad conduct or dishonorable discharge. It was her decision to elect discharge to avoid trial by court-martial. She also stated she had no desire to perform further military service.
3. The applicant now has a desire to continue serving in the military; however, her RE code is based on her reason for separation and cannot be changed unless the narrative reason for separation is changed.
4. Based on the foregoing, 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.
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