IN THE CASE OF:
BOARD DATE: 12 March 2014
DOCKET NUMBER: AR20140012082
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 reentry code (RE code) "4" be changed to RE "3" so he can reenter the service.
2. The applicant states his RE code was changed from "3" to "4" by the Army Discharge Review Board (ADRB). The ADRB applied the RE codes that were in effect at the time of their board action, not the codes in effect at the time of his discharge. His RE code should be changed back to "3" because that was the code in effect at the time of his discharge. He had papers pending to join the Army National Guard when the ADRB changed his RE code to "4" and he was no longer eligible.
3. The applicant provides:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) showing his RE code as "3"
* his DD Form 214 as reissued by the ADRB showing his RE code as "4"
* ADRB letter, dated 11 April 2014, with Case Report and Directive
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 17 June 1997. He did not complete training and was not awarded a military occupational specialty (MOS).
2. On 25 February 1998, charges were preferred against him for being absent without leave (AWOL) from 15 September 1997 to 20 February 1998.
3. He consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial.
4. His request was approved and he was discharged under other than honorable conditions (UOTHC) on 12 August 1998. His DD Form 214 shows his Separation Code as "KFS" and RE code as "3."
5. On 11 April 2014, he was notified that the ADRB denied his request for an upgrade of his discharge. The ADRB changed his RE code from "3" to "4."
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable they are ineligible unless a waiver is granted. An RE code "4" applies to persons separated from their last period of service with a non-waivable disqualification.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the separation codes to be entered on the DD Form 214. The separation code "KFS" was the appropriate code based on the guidance provided in this regulation for Soldiers separating under the provisions of Army Regulation 635-200, chapter 10.
8. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established the RE code of 3 as the proper RE code to assign to Soldiers separated with an SPD code KFS. A subsequent SPD/RE Code Cross Reference Table, effective 1 October 1999, established the RE code of 4 as the proper RE code to assign to Soldiers separated with an SPD code KFS.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was properly assigned RE Code of 3 when he was discharged. The ADRB changed his RE Code to 4 using the SPD/RE Cross Reference Table that was effective 1 October 1999, which was after his discharge.
2. In view of the above, his request should be granted.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. voiding his current DD Form 214 and
b. issuing him a new DD Form 214 showing in item 27 (Reentry Code): 3.
____________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) AR20100010153
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140012082
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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