IN THE CASE OF:	 

		BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130002981 


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 narrative reason for separation, separation code, and reentry (RE) code be changed.

2.  The applicant states:

* he believes his separation code should be adjusted due to his extensive military service and the time he committed to the safe keeping of our great country
* he would like his RE code upgraded
* he contends his discharge was upgraded to general 

3.  The applicant provides no additional documentary evidence. 

CONSIDERATION OF EVIDENCE:

1.  Having prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 14 December 2006.  He completed his training and was awarded military occupational specialty 88M (motor transport operator).  He arrived in Iraq on 17 January 2008.  On 18 July 2008, he was honorably discharged for immediate reenlistment.  He reenlisted on 19 July 2008 for a period of 6 years.  He departed Iraq on 14 March 2009.  He attained the rank of staff sergeant on 1 October 2009.  He arrived in Iraq on 24 February 2011.

2.  On 21 March 2011, nonjudicial punishment was imposed against him for using cocaine.  He demanded trial by court-martial.
3.  On 29 April 2011, charges were preferred against him for using cocaine.  Trial by special court-martial was recommended. 

4.  On 2 May 2011, he consulted with counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.    In his request, he admitted guilt to the offense contingent on receiving a general, under honorable conditions discharge.  The conditional waiver request was disapproved by the approving authority. 

5.  On 8 May 2011, he again consulted with counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  He acknowledged that by submitting his request for discharge he was guilty of a charge against him that authorized the imposition of a bad conduct or dishonorable discharge.  He indicated in his request he understood he might be discharged under conditions other than honorable, he might be ineligible for many or all benefits administered by the Department of Veterans Affairs, he might be deprived of many or all Army benefits, and he might be ineligible for many or all benefits as a veteran under both Federal and State laws.  He acknowledged he might expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions.  He elected not to make a statement in his own behalf. 

6.  On 25 May 2011, the separation authority approved the applicant's voluntary request for discharge and directed his discharge under other than honorable conditions. 

7.  He departed Iraq on 6 June 2011.

8.  He was discharged under other than honorable conditions for the good of the service in lieu of trial by court-martial on 21 June 2011 under the provisions of Army Regulation 635-200, chapter 10.  He completed a total of 6 years, 
9 months, and 26 days of creditable active service. 

9.  His DD Form 214 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"
10.  In July 2012, the Army Discharge Review Board upgraded his discharge to a general discharge.

11.  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.

12.  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.  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.

13.  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.  The evidence of record confirms the applicant's RE code was assigned based on his discharge 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 RE-4.  Therefore, the applicant received the appropriate narrative reason for separation, SPD Code and RE code associated with his discharge.

2.  His narrative reason for separation, separation code and RE code were administratively correct and in conformance with applicable regulations at the time of his 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)                                         AR20130002981





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ABCMR Record of Proceedings (cont)                                         AR20130002981



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