BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100022781
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 eligibility (RE) code be changed.
2. The applicant states, in effect, he lost his group before basic training so he took a bus back to the recruiting office. The recruiters told him to go back to Fort Sill, OK. He went back to Fort Sill and he was tried by a court-martial which he did not attend. He was told he had to serve 60 days in jail or he would be court-martialed. His mother hired a lawyer; however, he was discharged with an
RE code of 4. He also states he does not understand what he did wrong since he did not even get to basic training.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in U.S. Army Reserve Delayed Entry Program on
19 May 2005 and in the Regular Army on 2 June 2005.
2. A DD Form 553 (Deserter/Absentee Wanted by the Armed Forces) shows that he departed absent without leave (AWOL) on 3 June 2005.
3. On 21 June 2005, court-martial charges were preferred against him for being AWOL.
4. A DD Form 616 (Report of Return of Absentee) shows he returned to military control on 19 August 2005.
5. His separation proceedings were not found in his Official Military Personnel File (OMPF). 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.
6. 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 corresponding RE code of "4."
7. The Army Discharge Review Board denied his request for a change in his RE code on 17 September 2008.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides 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.
9. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and 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 voluntary discharge - in lieu of trial by court-martial. The SPD/RE Code Cross Reference Table, in effect at the time, provided that an RE code of 4 would be assigned to members separated under these provisions with an SPD code of "KFS."
10. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), covers eligibility criteria 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. RE4 applies to persons not qualified for continued service because they were separated from the service with a non-waivable disqualification
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his RE code be changed.
2. Although his separation proceedings are not available for review with this case, it is presumed he voluntarily requested discharge from the Army to avoid a trial by court-martial, under the provisions of chapter 10, Army Regulation
635-200. Based on the applicant's authority and reason for separation, he was properly assigned an SPD code of "KFS" and an RE code of "4" in accordance with the applicable regulations. He has failed to provide evidence showing that an error exists on his DD Form 214.
3. In view of the above, his request should be denied.
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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