IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100010464
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 his Reentry (RE) Code be changed from a 4 to a code that will allow him to reenlist.
2. The applicant states that he only served during 1 week of training and he wants to re-enlist to serve his country.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was born on 29 March 1975 and enlisted in the Regular Army on 1 February 2000 for a period of 3 years, training as a wheel vehicle repairer, and assignment to Fort Drum, New York. He was transferred to Fort Knox, Kentucky to undergo his training.
3. On 3 February 2000, he went absent without leave (AWOL) and remained absent in desertion until he was apprehended by civil authorities in Dillingham, Alaska on 27 April 2000.
4. He was returned to military control at Fort Sill, Oklahoma where charges were preferred against him for the AWOL offense on 10 May 2000.
5. On 12 May 2000, After consulting with his defense counsel, the applicant submitted a request for discharge for the good of the service, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. In his request he indicated that he was making the request of his own free will, without coercion from anyone and that he was aware of the implications attached to his request. He acknowledged that he understood that he could receive a discharge under other than honorable conditions and that he might be deprived of all benefits as a result of such a discharge. He also elected not to submit a statement in his own behalf.
6. The appropriate authority approved his request for discharge on 7 September 2000 and directed that he be discharged under other than honorable conditions.
7. Accordingly, he was discharged under other than honorable conditions on 24 September 2000, under the provisions of Army Regulation 635-200, chapter 10. in lieu of trial by court-martial. He had served 5 months of total active service and had 84 days of lost time due to AWOL. He was issued a separation code of KFS and a RE Code of 4.
8. 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 reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.
9. RE-4 indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification. The applicable regulations direct that an RE Code of 4 be issued for a separation code of KFS, which indicates separation in lieu of trial by court-martial.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. The applicant has failed to show through the evidence submitted or the evidence of record that he was issued the wrong RE Code at the time of his separation.
3. The applicant was separated under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial and was properly issued a separation code of KFS and an RE Code of 4 in accordance with the applicable regulations.
4. Accordingly, there appears to be no basis to change his RE Code as he requests.
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) AR20100010464
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ABCMR Record of Proceedings (cont) AR20100010464
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