IN THE CASE OF:  	  

		BOARD DATE:  13 January 2015  	  

		DOCKET NUMBER:  AR20140008881 


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, in effect, amendment of the reentry (RE) code reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* he desires to reenter military service
* he was threatened with jail if he did not request a discharge under the provisions of chapter 10, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations)
* his leadership did not like him very much
* he was hurt and sick, but his chain of command did not assist him
* he sought care at Womack Army Medical Center

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 September 2008 and was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist).

2.  The applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on 19 August 2011 for:

* leaving his appointed place of duty without authority on 30 July 2011
* disobeying his first sergeant on 30 July 2011
* being derelict in the performance of his duties on 30 July 2011

3.  The applicant's records show charges and their specifications were preferred against him on 19 October 2011 and referred to trial by a special court-martial.  The actual charge sheet is not available for review.

4.  On 10 January 2012, he consulted with legal counsel and voluntarily requested discharge in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  He indicated he understood he could receive a discharge under other than honorable conditions and the discharge would have a significant effect on his eligibility for veterans' benefits.  He did not indicate whether he would submit a statement on his own behalf.  His chain of command recommended approval of his discharge under other than honorable conditions and the separation authority approved the request on 12 January 2012.

5.  His DD Form 214 shows he was discharged on 9 February 2012 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  His service was characterized as under other than honorable conditions and he was assigned a separation program designator (SPD) code of "KFS" and an RE code of "4."

6.  The applicant applied to the Army Discharge Review Board requesting a change in the character of his service.  On 28 April 2014, the board granted relief in the form of an upgrade of his character of service to general under honorable conditions and restored his grade to E-4/specialist.  The board determined the reason for discharge, authority for separation, and RE code were proper and equitable.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

8.  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 provides a list of the RE codes.  RE code "4" applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  Such Soldiers are ineligible for enlistment or reenlistment.

9.  Army Regulation 635-5-1 (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 separation code "KFS" applies to Soldiers discharged under the provisions of Army Regulation 635-200, chapter 10.

10.  The SPD/RE Code Cross Reference Table shows that Soldiers assigned an SPD code of "KFS" will be assigned an RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was ill and sought the help of his chain of command to no avail.  He was threatened with the prospect of confinement if he did not request discharge in lieu of trial by court martial.  There is no evidence in the available records and the applicant has not provided any evidence to support his contention that his voluntary request for discharge in lieu of trial by court martial was improperly administered.  The applicant's statements alone do not overcome the evidence of record and the presumption of regularity in the processing of his discharge.

2.  The applicant's records show he was charged with the commission of multiple offenses punishable under the Uniform Code of Military Justice with a punitive discharge.  These offenses, when viewed with the overall length and quality of his service, reflect that his military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.

3.  Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial.  There is no evidence which shows the applicant was not properly and equitably discharged in accordance with the regulations in effect at the time, all requirements of law and regulations were not met, or the rights of the applicant were not fully protected throughout the separation process.

4.  The upgrade of his service characterization to general under honorable conditions does not warrant a change in RE code.  RE code "4" is associated with discharges under the provisions of Army Regulation 635-200, chapter 10.  This RE code is properly shown on his DD Form 214.
5.  His desire to reenter military service is noted.  However, this desire alone is insufficient reason to change a properly-assigned RE code based on his voluntary request for discharge in lieu of trial by court-martial.  The Army Board for Correction of Military Records does not correct records solely for the purpose of establishing eligibility for other programs or benefits.

6.  In view of the foregoing, 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 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)                                         AR20140008881



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ABCMR Record of Proceedings (cont)                                         AR20140008881



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