IN THE CASE OF:	  

		BOARD DATE:  14 February 2012

		DOCKET NUMBER:  AR20110014320 


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 so he can reenter the Army.

2.  The applicant states he was young, newly married, and he had a newborn son when he was deployed to Bosnia.  While he was deployed his wife disappeared with his son.  He departed in an absent without leave (AWOL) status in order to find his son.  He now knows it was not a wise decision.  He learned a valuable lesson and believes that if he were allowed to reenter the Army, he could be useful in helping young Soldiers handle their personal problems in a mature manner.   He acknowledges his mistake and accepts the consequences of his actions.  He knows it is not his right to serve but an honor.

3.  The applicant provides no documents to support his request.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  He enlisted in the Regular Army (RA) on 7 May 1996 and he completed training in military occupational specialty (MOS) 19K (armor crewman).  He progressed to the rank/grade specialist (SPC)/E-4.  He was awarded the Army Good Conduct Medal and he served without a discreditable incident until he went AWOL.

3.  On 9 August 2000, charges were preferred against the applicant for being AWOL from 2 May to 3 August 2000.

4.  Having consulted with legal counsel, the applicant voluntarily requested 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.  He indicated he understood the elements of the charge against him and admitted he was guilty of at least one offense or a lesser-included offense for which a punitive discharge was authorized.  He also acknowledged he would receive an under other than honorable conditions discharge.  He also understood he would be deprived of many or all Army benefits and he might be ineligible for veterans' benefits administered by the Department of Veterans Affairs.  He stated he understood he could expect to encounter substantial prejudice in civilian life because of this discharge.

5.  The chain of command recommended approval of the applicant's request for discharge with an under other than honorable conditions discharge.

6.  On 18 November 2001, the separation authority approved the applicant's 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.  He directed an under other than honorable conditions discharge and reduction to the rank/grade of private (PV1)/E-1.

7.  On 29 November 2001, the applicant was discharged accordingly.  The
DD Form 214 he was issued at the time show 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."  He completed 5 years, 3 months, and 20 days of creditable active service with
93 days of lost time.


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.  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 non waivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record shows he was charged with the commission of an offense punishable under the UCMJ with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10 are voluntary requests for discharge in lieu of trial by court-martial.  He voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  All requirements of law and regulation were met, and his rights were fully protected throughout the separation process.  Further, his discharge accurately reflects his overall record of service.

2.  The evidence of record further confirms that his RE code was assigned based on the fact that he was discharged under the provisions of Army Regulation
635-200, chapter 10, in lieu of trial by court-martial.  The RE code associated 


with this type of discharge is an RE-4.  Therefore, he received the appropriate RE code associated with his discharge.

3.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20110014320



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ABCMR Record of Proceedings (cont)                                         AR20110014320



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