IN THE CASE OF:
BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100009501
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:
* He apologizes for his behavior in the past
* There is no excuse for his actions
* He went absent without leave (AWOL) because there was a death in his immediate family and his request for leave was denied
* He was an immature and foolish 18-year old boy at the time
* He would love to reenter the military as a Marine Corps infantryman
* He points out that while in the military he was awarded a score of 297 for the physical fitness test
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 21 August 1988. He enlisted in the Regular Army on 14 June 2006 and was awarded military occupational specialty 63B (wheel vehicle mechanic). He went AWOL on 27 January and he returned to military control on 15 March 2007. Charges were preferred against the applicant for the AWOL period on 19 March 2007. The applicant requested discharge in lieu of trial by court-martial on 19 March 2007. He was discharged on 27 April 2007 under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial. He had served a total of 8 months and 26 days of creditable active service with 48 days of time lost.
2. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the following:
* Item 25 (Separation Authority) shows the entry "AR [Army Regulation] 635-200, CHAP [chapter] 10"
* Item 26 (Separation Code) shows the entry "KFS"
* Item 27 (Reentry Code) shows the entry "4"
* Item 28 (Narrative Reason for Separation) shows the entry "IN LIEU OF TRIAL BY COURT-MARTIAL"
3. 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 separation program designators to be used for these stated reasons. 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.
4. 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 RA and the U.S. Army Reserve (USAR). Table 3-1 included a list of the RA 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.
5. 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. Age is not a sufficiently mitigating factor. Although the applicant was 17 years of age when he enlisted, he successfully completed his training.
2. 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 an "RE-4." Therefore, the applicant received the appropriate RE code associated with his discharge.
3. 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) AR20100009501
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ABCMR Record of Proceedings (cont) AR20100009501
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