IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140012192 


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 entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to an RE code that will allow him to reenlist in the Army and to change his characterization of service to show it as uncharacterized.

2.  The applicant states:

* he was a teen and he made stupid decisions
* he admits to wrong doing, but he has grown and he realizes the error he made
* he simply would like the opportunity to reenlist and prove that he has become a better, more honorable person
* his request is simply that his RE code be changed to allow him to reenlist so he can make up for the wrong he did in the past

3.  The applicant provides no evidence.

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 Army on 13 April 2004.  He did not complete his military occupational specialty training.

3.  On 1 May 2008, the applicant was notified that charges were pending against him for being absent without leave (AWOL) from 18 March 2005 until on or about 20 April 2008.  He acknowledged receipt of the notification, and after consulting with counsel, he submitted a request for discharge for the good of the service in lieu of trial by court-martial.

4.  On 12 May 2008, the appropriate authority approved the applicant's request and directed the issuance of a discharge under other than honorable conditions.

5.  On 13 June 2008, the applicant was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, for the good of the service in lieu of trial by court-martial.  He completed 1 year and 29 days of net active service this period.  He had 3 years, 1 month, and 1 day of lost time due to AWOL.  He received a KFS separation program designator (SPD) code and RE code 4.

6.  On 1 December 2010, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge and a change to his RE code.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, 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.
   
   a.  Paragraph 3-7a states an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.
	
   b.  Paragraph 3-7b states a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  

   c.  Paragraph 3-9a(1), states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) 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 covers 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 code of 4 applies to persons who have a non-waivable disqualification.

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD Codes)) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons.

10.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Regular Army Soldiers and Reserve Component Soldiers separated for cause.  The SPD code KFS corresponds to RE code 4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contentions have been noted.  However, there is no error or injustice in his characterization of service or his assigned RE code.

2.  His records show he was appropriately discharged for the good of the service in lieu of trial by court-martial based on his personal request.  He had an extended AWOL period of more than 3 years.  He received an under other than honorable conditions discharge approved by the appropriate authority and his rights were not violated.  He was assigned an RE code 4 and an SPD code of KFS based on his reason for discharge.

3.  The Board does not correct records to enable one to meet criteria for reenlistment in the Armed Forces.  In view of the foregoing, his request should be denied.

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)                                         AR20140012192



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ABCMR Record of Proceedings (cont)                                         AR20140012192



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