DOCKET NUMBER:  AR20130013498 


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 the reentry eligibility (RE) code on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) from an 
RE code of "4" to an RE code that will allow him to reenter military service.

2.  The applicant states since he was separated he has made it a goal to better himself and improve his character.  He has volunteered in the community, reentered the job force, and returned to school.  He now wants to reenter active duty and pursue a military career to serve his country.

3.  The applicant provides a copy of his DD Form 214.

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.  The applicant enlisted in the Regular Army (RA) on 14 August 2006 for a period of 4 years.

3.  On 3 July 2007, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, in lieu of trial by court-martial.  He was accordingly discharged on 11 July 2007.

4.  On 25 September 2009, the applicant submitted an application to the Army Discharge Review Board (ADRB) requesting an upgrade of his discharge to show a general character of service and a change of the RE code due to his improper separation.

5.  On 11 August 2010, the ADRB determined the applicant's discharge was both proper and equitable and that he was appropriately assigned an RE code of "4." Accordingly, the applicant's request was denied.

6.  On 16 July 2010, the applicant submitted another application to the ADRB requesting an upgrade of his discharge to a general character of service.

7.  On 29 April 2011, the ADRB determined his discharge was proper; however, the Board voted to upgrade the applicant's character of service to under honorable conditions (general).

8.  The DD Form 214 he was issued shows the applicant was discharged under honorable conditions, on 11 July 2007, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He completed 10 months and 28 days of net active service.  It also shows in:

* item 26 (Separation Code):  "KFS"
* item 27 (Reentry Code):  "4"

9.  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 shows that the SPD code "KFS" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 10, for the good of the Service in lieu of trial by court-martial.  

10.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "4" will be assigned to members separated with an SPD code of "KFS."

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).

   a.  Chapter 3 (Enlistment in the RA, USAR, or Army National Guard for Prior Service), paragraph 3–21 (U.S. Army RE codes), shows that RE codes are used for administrative purposes only.  Applicants should be advised that these codes are not to be considered derogatory in nature; they simply are codes used for identification of an enlistment processing procedure.

   b.  Table 3-1 (U.S. Army RE Codes) shows RE-4 applies to Soldiers separated from the last period of service with a non-waivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code should be changed from an RE code of "4" to an RE code that will allow him to reenter military service.

2.  The evidence of record shows the applicant was separated from active duty on 11 July 2007 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  As such, the applicant's separation from the RA was based on a non-waivable disqualification and he was assigned an RE code 
of "4."

3.  The applicant's contention that he has made it a goal to better himself and improve his character is not in question and the applicant's RE code is not considered to be derogatory in nature.  As the evidence of record shows, 
RE codes are used for administrative purposes only (i.e., in the enlistment processing procedure).  

4.  Records show that an RE code of "4" establishing the applicant's ineligibility for enlistment/reenlistment was correctly entered on his DD Form 214 in accordance with governing Army regulations.  Therefore, the reentry code that is shown in item 27 of the applicant's DD Form 214 is appropriate and correct.

5.  Therefore, in view of the foregoing, there is no basis for granting the 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)                                         AR20130005613



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ABCMR Record of Proceedings (cont)                                         AR20130013498



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