IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100025593
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 her reentry (RE) code be changed.
2. The applicant states the RE code was unjust considering the amount of time that was served.
3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 August 2006. Her charge sheet shows she was absent without leave (AWOL) on 17 October 2006 and she returned to military control on 1 October 2007. On 4 October 2007, she requested discharge in lieu of trial by court-martial. She was discharged on
21 November 2007 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial. She completed a total of 3 months and 17 days of creditable active service with 348 days of lost time.
2. Her DD Form 214 shows the following:
* item 25 (Separation Authority) "AR [Army Regulation] 635-200, CHAP [Chapter] 10"
* item 26 (Separation Code) "KFS"
* item 27 (Reentry Code) "4"
* item 28 (Narrative Reason for Separation) "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 SPD codes 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 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 Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 includes a list of the RE codes:
a. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
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-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
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. She contends her RE code was unjust considering the amount of time served. However, she only served a total of 3 months and 17 days of creditable active service. Her lost time (from 17 October 2006 to 30 September 2007) does not count.
2. The applicant has not submitted any evidence that would warrant a change to her RE code. Her RE code was administratively correct and in conformance with applicable regulations at the time of separation. Therefore, there is no basis for granting the applicant's request to change her RE code.
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) AR20100025593
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ABCMR Record of Proceedings (cont) AR20100025593
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