BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130015165
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 a change in his reentry eligibility (RE) code to 1.
2. The applicant states he was discharged under other than honorable conditions due to accusations and false evidence. He wants his RE code changed so he can rejoin the military.
3. He further states he lives in a veterans' homestead and he has been working dead-end jobs since his discharge. He claims he was discharged because two Soldiers who had been involved in an altercation on post were in his room when the police arrived. He indicates he was off post when the altercation occurred and he cooperated with the police. The police asked him if he was carrying a weapon and he told them he was carrying a pocket knife. He resisted when the police searched him.
4. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 27 October 2009 for a period of 4 years. He served as an indirect fire infantryman in Afghanistan from 1 July 2010 to 20 April 2011.
2. His records are void of the specific facts and circumstances surrounding his discharge action. The charge sheet and request for discharge are not available for review.
3. On 6 December 2012, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of a discharge under other than honorable conditions.
4. On 27 December 2012, he was discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10. He completed 3 years, 2 months, and 1 day of creditable active service. His service was characterized as under other than honorable conditions.
5. His DD Form 214 shows:
* 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. Army Regulation 635-200 states individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.
7. 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-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
b. RE-3 applies persons who are not considered fully qualified for reentry or continuous service at the time of separation but disqualification is waivable.
c. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
8. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. SPD Code KFS applies to Soldiers voluntarily discharged in lieu of trial by court-martial.
9. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD code of KFS will be assigned an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records are void of the specific facts and circumstances surrounding his discharge. It appears that he was charged with the commission of offense(s) punishable under the Uniform Code of Military Justice 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. The applicant is presumed to have voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial. In doing so, he admitted guilt and waived his opportunity to appear before a court-martial. It is also presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
2. His contention that he was discharged under other than honorable conditions due to accusations and false evidence relates to evidentiary and legal matters that could have been addressed and conclusively adjudicated in the court-martial appellate process. However, it appears he voluntarily requested discharge in lieu of trial by court-martial.
3. The evidence of record confirms his RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, chapter 10. The RE code associated with this type of discharge is RE code 4. Therefore, the applicant received the appropriate RE code associated with his discharge.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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.
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