BOARD DATE: 2 June 2011
DOCKET NUMBER: AR20100027768
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, in effect, correction of his reentry eligibility (RE) code to a code that will allow him to reenlist.
2. The applicant states, in effect, he would like to reenlist in the Army to finish what he started.
3. The applicant provides no additional documentation.
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 enlisted in the Regular Army on 3 January 2007.
3. He went absent without leave (AWOL) on 11 March 2007. He remained absent until he surrendered to military authorities on 14 May 2007.
4. On 17 May 2007, the applicant was notified that charges were pending against him for being AWOL. He acknowledged receipt of the notification. After consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.
5. The appropriate authority approved the request for discharge on 16 July 2007. On 1 August 2007, the applicant 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.
6. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he had completed 4 months and 26 days of net active service this period. He was assigned an RE code of 4 and a separation program designator (SPD) code of KFS (in lieu of trial by court-martial).
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) 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. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE code of
4 apply to persons who have a non-waivable disqualification.
8. Army Regulation 635-5-1 (SPD Codes) prescribe the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons.
9. The SPD/RE Code Cross Reference Table provide instructions for determining the RE code for Regular Army Soldiers and Reserve Component Soldiers separated for cause. The SPD code KFS has a corresponding RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. However, there is no error or injustice in his assigned RE code.
2. His records show he was discharged for the good of the service in lieu of trial by court-martial. He was assigned an RE code of 4 and an SPD code of KFS based on his reason for discharge.
3. As previously stated, an RE code of 4 applies to persons who are not considered qualified for reentry or continuous service. The fact that he desires to reenlist in the Army is not sufficient justification for changing his RE code.
4. In view of the foregoing, 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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