IN THE CASE OF:
BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110010050
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 his reentry eligibility (RE) code be changed from "4" to "3A."
2. The applicant states:
* he was not informed he was barred from reenlistment
* he was told he would receive no benefits and he needed permission to enter a military base
* if he had known that enlistment/reenlistment would be impossible, he would never have signed the paperwork
* he was misled by his superiors
3. The applicant states his acting first sergeant had an issue with him for an Article 15 he tried to contest. He tried to transfer from the unit to avoid any further incident with the first sergeant, but he was told it was not possible. He claims he was smoking a cigarette outside the barracks while awaiting orders when the first sergeant pulled up in front of the barracks and proceeded to walk inside. While passing him, the first sergeant told him to get downstairs. He attempted to take one more drag from his cigarette when the first sergeant smacked his hand, pulled him inside the building, and pushed him down the stairs. By the time he was able to stand, the first sergeant was in front of him. The first sergeant dared him to make a threatening move so he had a reason to fight him. He turned around and proceeded to walk out the side door. The first sergeant began yelling for him to come back and fight, but he ignored him. He walked off base and was arrested for being absent without leave and disobeying a direct order.
4. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 3 June 2004 for a period of 3 years and 13 weeks. He completed training and was awarded military occupational specialty 92F (petroleum supply specialist).
2. The facts and circumstances surrounding his discharge are not contained in the available records. The charge sheet is not available.
3. On 24 January 2006, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of a discharge under other than honorable conditions.
4. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 26 January 2006 in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10. He completed a total of 1 year, 7 months, and 24 days of creditable active service.
5. His DD Form 214 shows the following:
* item 25 (Separation Authority) "Army Regulation 635-200, 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"
6. On 9 June 2008, the Army Discharge Review Board (ADRB) denied his request to upgrade his discharge. The ADRB proceedings also noted:
* at the time of discharge the applicant was appropriately assigned an RE code of "4"
* an RE code of "4" cannot be waived
* the applicant is no longer eligible for reenlistment
7. 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 SPD code "KFS" is "in lieu of trial by court-martial" and the regulatory authority is Army Regulation 635-200, chapter 10.
8. 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 RE codes.
a. RE-3A applies to persons with over 4 years of service for pay who had incurred an additional service requirement and who declined to meet additional service through reenlistment or extension and were separated on or after 15 August 1978. This RE code is no longer used, having been replaced by RE code 3 (ineligible for reenlistment, but the disqualification is waivable).
b. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
9. 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:
In the absence of evidence to the contrary, it must be presumed that the applicant's separation processing was administratively correct and in conformance with applicable regulations at the time of his separation. Therefore, absent evidence showing he was improperly discharged under the provisions of Army Regulation 635-200, chapter 10, it is also presumed that he was given the correct 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 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) AR20110010050
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110010050
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080006756
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He also describes an incident where a drill sergeant took a Private down to the ground from behind and punched him in the face twice as another Drill Sergeant was laying on him, this happened after he stepped out of the formation stating he was done. The applicant contends, in effect, that his request to change his RE Code from RE-4 to RE-3 should be reconsidered because of the physical abuse he endured from drill sergeants during basic...
ARMY | BCMR | CY2008 | 20080001975
He further states that he had no choice but to go absent without leave (AWOL), and that his family comes first and the Army is second to him. On 29 August 2007, the applicant voluntarily requested discharge under the provisions of Chapter 10 (Discharge in Lieu of Trial by Court-Martial), Army Regulation 635-200 (Active Duty Enlisted Administration Separations) in lieu of trial by court-martial for absenting himself without authority from his organization on or about 3 June 2007, and...
ARMY | BCMR | CY2010 | 20100021704
On 27 May 2009, the applicant was discharged with a UOTHC, SPD of KFS, and an RE code of 4. Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time. The applicant has not provided and the record does not contain any evidence the applicant made his command aware of his father's condition and requested any type of dispensation prior to going AWOL.
ARMY | BCMR | CY2008 | 20080006427
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He would never have gone AWOL if his command had done its job and taken care of him as a Soldier. Pertinent Army regulations provide 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 | BCMR | CY2002 | 2002079622C070215
This board determined that the applicant did participate in a homosexual activity; and it recommended that he be discharged under the provisions of paragraph 15-3A, Army Regulation 635-200, and that he receive an honorable discharge. The DD Form 214 issued to the applicant on the date of his separation confirms that he was discharged under the provisions of paragraph 15-3a, Army Regulation 635-200, by reason of committing a Homosexual Act. The evidence of record confirms that by his own...
ARMY | BCMR | CY2010 | 20100000102
IN THE CASE OF: BOARD DATE: 1 July 2010 DOCKET NUMBER: AR20100000102 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states before he joined the Army he spoke with a recruiter (staff sergeant) and the recruiter told him if he found himself not wanting to be in the Army after he arrived at basic training he could just leave and he would be discharged as if he was never in the military. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states, in...
ARMY | BCMR | CY2013 | 20130001880
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 19 February 2010, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of an under other than honorable conditions discharge. 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 | BCMR | CY2014 | 20140005678
On 16 February 2007, the applicant was separated for the good of the service in lieu of trial by court-martial. He received an under other than honorable conditions discharge under the provisions of Army Regulations 635-200, chapter 10 and was assigned a separation code of KFS and an RE code of 4. On 15 May 2013, the Army Discharge Review Board denied the applicant's request to upgrade his discharge.
ARMY | DRB | CY2014 | AR20140002488
The JAG officer explained to him that the discharge he requested would be hard to do because it would take a very long time due to the fact they would have to bring back members of his platoon from Iraq to question them in regards to the incidents. BOARD DETERMINATION AND DIRECTED ACTION After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony, and notwithstanding the examiners Discussion and Recommendation, the Board...
ARMY | BCMR | CY2001 | 2001061595C070421
On 6 November 2000, the applicant was informed by his unit commander that separation action under the provisions of chapter 11, Army Regulation 635-200 was being initiated against him. It states, in pertinent part, that the SPD code of JGA is the appropriate code to assign members being separated by reason of entry level performance and conduct, under the provisions of chapter 11, Army Regulation 635-200. The evidence of record confirms that the applicant’s ELS discharge processing, to...