IN THE CASE OF:	  

		BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110008396 


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 change of his reentry eligibility (RE) code "4" on his
DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he would like to be rejoin the Army.  He was young and did not always make the right choices.  He realizes now that he made a huge mistake and asks that the Board find it in its heart to forgive his bad decisions and give him a second chance.  He goes on to state that he is not a quitter and would like to right the wrongs of 10 years ago when he was having marriage issues, a pending driving under the influence (DUI) charge, and trouble with some Soldiers.  He also states that his biggest regret is not taking full advantage of his military opportunities.

3.  The applicant provides a self-authored statement in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 3 July 1997 for a period of 3 years and training as a fire support specialist.  He completed his one-station unit training (OSUT) at Fort Sill, OK and was transferred to Fort Stewart, GA.

2.  On 7 September 1999, he reenlisted for a period of 5 years in the rank/grade of specialist (SPC)/E-4, assignment to Europe, and a selective reenlistment bonus (SRB).


3.  On 11 October 2000, the applicant went absent without leave (AWOL) and he remained absent in desertion until he was returned to military control at Fort Knox, KY on 27 June 2001.  As a result of his extended absence, charges were preferred against him for this AWOL offense on 6 July 2001.

4.  After consulting with counsel, the applicant submitted a voluntary request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial.  In his request he indicated 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 also admitted he was guilty of the charges against him or of lesser included offenses which authorized the imposition of a bad conduct or dishonorable discharge.  He acknowledged he understood he could receive a discharge under other than honorable conditions and 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 or to offer any mitigating circumstances.

5.  The appropriate authority approved his request for discharge with an under other than honorable conditions discharge.

6.  Accordingly, on 21 February 2002, he was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial with an under other than honorable conditions discharge.  He served 3 years and
11 months of creditable active service with 258 days of time lost due to AWOL.  He was assigned a separation code of “KFS” and an RE code of “4.”

7.  On 11 June 2010, the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge to a general discharge.  On 2 March 2011, the ADRB determined that his discharge was both proper and equitable and unanimously voted to deny his request.

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), 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, for the good of the service - in lieu of trial by court-martial.  The SPD/RE Code Cross -Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of KFS.   


9.  Army Regulation 635-200 further 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 RA and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	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 for enlistment 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his RE code should be changed to allow him the opportunity to serve again has been noted and appears to lack merit when considering his overall record of service, the extensive length of his unauthorized absence, and the lack of mitigating circumstances at the time.

2.  The evidence of record shows that he was assigned the proper RE code that coincided with the authority for his separation and he has failed to show any error or injustice in his case.

3.  Therefore, in the absence of evidence to show otherwise, there appears to be no basis for granting his 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)                                         AR20110008396



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ABCMR Record of Proceedings (cont)                                         AR20110008396



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