BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110009562
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 correction of his record to show reentry (RE) code 3.
2. He states he would like to have his RE code changed so he may have the opportunity to reenlist in the U.S. Army. After being out of the military and after speaking before the Army Discharge Review Board (ADRB), he would like to have the chance to serve his country once again. He has learned a lot about the mistakes he made, has been able to grow, and feels he is ready to serve the way he was supposed to serve.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 November 2005.
2. A DD Form 458 (Charge Sheet) shows he was charged with wrongful use of methylenedioxymethamphetamine (ecstasy), a controlled substance, between on or about 4 May and on or about 12 May 2008.
3. On 22 September 2008, he voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10. Prior to submitting his request, he consulted with legal counsel and was advised of the basis for his contemplated trial by court-martial, the maximum permissible punishment authorized under the Uniform Code of Military Justice, and the possible effects of an under other than honorable conditions discharge.
4. In his voluntary request for discharge, he acknowledged he was guilty of the charge against him or a lesser included offense. He acknowledged he understood if his request was accepted he could be discharged under other than honorable conditions and that as a result of the issuance of such a discharge, he would be deprived of many or all Army benefits, could be ineligible for many or all benefits administered by the Veterans Administration, and could be deprived of his rights and benefits as a veteran under both Federal and State laws. He indicated he understood he could expect to encounter substantial prejudice in civilian life because of an under other than honorable conditions discharge.
5. On 26 September 2008, the separation authority approved his request and directed he be discharged under other than honorable conditions. On 9 October 2008, he was discharged accordingly.
6. Item 25 (Separation Authority) of his DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, chapter 10. Item 26 (Separation Code) shows the entry "KFS," and item 27 (RE Code) shows the entry "4."
7. On 9 November 2009, the ADRB received an application requesting upgrade of his discharge to general under honorable conditions and to change his RE code. On 22 September 2010, the ADRB informed him partial relief had been granted in the form of an upgrade of his discharge to general under honorable conditions. The ADRB denied his request to change his RE code. The ADRB Case Report and Directive shows the board determined the reason for his discharge was both proper and equitable.
8. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. Table 2-3 shows SPD code "KFS" is applicable to Soldiers discharged under the provisions of Army Regulation 635-200, chapter 10.
9. The SPD/Reentry (RE) Code Cross-Reference Table provides instructions for determining the RE code for active Army and Reserve Component Soldiers. This cross-reference table shows the SPD codes and corresponding RE codes. The table shows the SPD code "KFS" has a corresponding RE code of "4."
10. Army Regulation 601-210 (Personnel Procurement - Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve. Table 3-1 states RE code "4" applies to persons separated from last period of service with a nonwaivable disqualification. The table further states persons separated from the Army with RE code "4" are ineligible for enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant voluntarily requested discharge in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, and his request was approved by a proper authority. Based on the authority under which he was separated, he was assigned SPD code "KFS," which has a corresponding RE code of "4."
2. The evidence of record does not show, nor has he provided evidence showing error in the RE code he was assigned. His desire to reenter military service is not sufficient reason for changing an RE code that is correct.
3. In view of the foregoing, he is not entitled to the relief 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.
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