IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110011030
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 eligibility (RE) code be changed.
2. The applicant states:
* While in basic training she twisted her ankle and had to seek medical attention
* Due to medical restrictions and being on light duty she was unable to train properly so she was held over at basic training
* She was sexually harassed by a drill sergeant
* She was wrongly accused of giving another drill sergeant's cell phone number to a Soldier
3. The applicant provides:
* Orders, dated 15 November 2007
* Basic training certificate
* Cover form for her treatment record
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 17 September 2007. She went absent without leave on 6 February 2008 and returned to military control on
28 July 2008. On 11 August 2008, she requested discharge in lieu of trial by court-martial. The separation authority approved her request on 19 September 2008 and directed the issuance of a discharge under other than honorable conditions. She was discharged on 17 October 2008 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 7 months and 8 days of creditable active service with 173 days of lost time.
2. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) 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. Her service personnel records contain a characterization of service checklist for administrative discharge actions which includes the following statements:
a. Medical or other data meriting consideration in the medical evaluation. None.
b. Soldier was not a victim of sexual assault for which an unrestricted report was filed within the past 24 months.
4. 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.
5. 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.
6. 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 she was sexually harassed by a drill sergeant. However, there is no evidence which shows she was a victim of sexual harassment.
2. The evidence of record confirms her RE code was assigned based on her discharge under the provisions of Army Regulation 635-200, chapter 10. The RE code associated with this type of discharge is "RE-4." Therefore, the applicant received the appropriate RE code associated with her discharge.
3. The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of her separation. Therefore, there is no basis for granting the applicant's 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) AR20110011030
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ABCMR Record of Proceedings (cont) AR20110011030
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