IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140012276 


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, his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by changing the Reentry (RE) code from RE-4 to RE-1.

2.  The applicant states, in effect:

* his DD Form 214 shows the incorrect RE code
* counsel was never required therefore the decision to accept discharge was made by someone other than the applicant, or
* he never had opposing arguments made available to him so he could make an informed decision
* he is a good guy who requests a second chance
* he has a renewed interest to serve his country

3.  The applicant provides a self-authored statement.

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 on 25 August 1999.  After completing initial training, he was awarded military occupational specialty 19K (M-1 Armor Crewman).

3.  His records show he became absent without leave (AWOL) on 7 March 2000 and was dropped from Army rolls on 6 April 2000.  He was returned to military control on 11 June 2000 and assigned to the Personnel Control Facility at Fort Knox, KY.

4.  On 15 June 2000, the applicant was charged with being AWOL from 7 March 2000 to 11 June 2000.

5.  On 15 June 2000, the applicant consulted with counsel.

	a.  He was advised of the following:

* the basis for the contemplated trial by court-martial
* the maximum permissible punishment authorized under the UCMJ
* the possible effects of an under other than honorable conditions discharge
* the discharge procedure and the rights available to him within that process

	b.  Subsequent to receiving legal counsel, he voluntarily requested discharge under the provisions of Army Regulation 635-200 Personnel Separations Enlisted Peersonnel chapter 10 for the good of the service - in lieu of trial by court-martial.

	c.  The applicant confirmed he had no desire to continue military service and did not submit statements in his own behalf.  He indicated he understood by requesting discharge, he:

* could be deprived of many or all Army benefits
* could be ineligible for many or all benefits administered by the Department of Veterans Affairs
* could be deprived of his rights and benefits as a veteran under both Federal and State laws

6.  On 5 October 2001, the separation authority approved the applicant's request for discharge and directed he be reduced to the lowest enlisted grade and be issued an under other than honorable conditions discharge.  He was discharged accordingly on 8 November 2001.

7.  His DD Form 214 shows he served 1 year, 11 months, and 8 days of creditable active military service and had 96 days of lost time.  His DD Form 214 also shows in item 26 (Separation Code), the entry "KFS" and item 27 (RE Code) the entry 4. 

8.  On 7 January 2012, he applied to the Army Discharge Review Board (ADRB), requesting his discharge be changed to uncharacterized.  On 7 August 2012, he was notified the ADRB denied his request.  The ADRB took no action to change the applicant's RE code.

9.  The applicant provides a self-authored statement which essentially states:

* as a young man he used the system and was only concerned about himself
* today he understands his, and his son's, country depend upon them both to maintain it and uphold those things which have made America great
* he was raised by a single mother and never had a male role model in his life
* the lack of a role model affected his decisions, but this does not excuse his actions
* he now feels he was not strong enough to understand how the absence of a male role model negatively impacted his life
* he made an impulsive decision to join the Army
* he was doing fine until a sergeant at Fort Hood, TX took him aside and suggested it would be alright for him to leave and go back to his old life; nothing would happen as the nation was not at war
* the applicant thought this was a good suggestion, as he was having trouble with many new things he was learning about life
* he observed his noncommissioned officer (NCO) leadership come to his room in the barracks and use his phone to call women other than their wives
* these same NCO would give him a hard time and show him no respect
* he impulsively decided to leave and has had no pride ever since
* it hurts him most because his 12 year old son looks up to him, and his son sees the pain and loss of pride he (the applicant) endures because of his bad decisions
* after two months of being AWOL, he was detained by police and sent to Fort Knox
* he does not remember anyone taking the time to talk with him and attempt to figure out why he had gone AWOL; he just signed papers and that was that
* it began to sink in about two years later
* after the tragedy of the attack on 9/11, he has a renewed passion to serve his country and would like to join the Minnesota Army National Guard (MNARNG)
* he believes the RE code of "4" on his DD Form 214 is wrong and, with the Board's help, it can be corrected to reflect a positive change for both the applicant and his son 
* the time and money spent training him was not wasted; it has helped him to become the well-centered, balanced, clean, moral, intelligent man he is today
* he has provided service to his community, worked continuously since age 16, and will continue to do so
* the lack of pride he feels as a result of this discharge, however, is hurting him daily and he strongly wishes to redeem himself by again serving in the military
* his son loves the military, and hopes to join the Marines when he finishes high school
* favorable consideration of his request would be an expression of the Board's faith in him and help him regain self-confidence

10.  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 the Regular Army RE codes:

* RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met
* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted
* RE-4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification 

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code of "KFS" is the correct code for Soldiers separating under the provisions of chapter 10 of Army Regulation 635-200 .

12.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and a corresponding RE code.  The SPD code of "KFS" has a corresponding RE code "4."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the RE code shown on his DD Form 214 be changed to RE-1 so that he can enlist in the MNARNG.  His current code of RE-4 gives him a nonwaivable disqualification for reenlistment, whereas  an RE-1 allows him to enlist without restriction.

2.  His records show he was charged with the commission of an offense punishable under the UCMJ with a punitive discharge.  Discharges under the provisions of chapter 10, Army Regulation 635-200 are voluntary requests for discharge in lieu of trial by court-martial.  His record shows he voluntarily, willingly, and in writing requested discharge from the Army in lieu of trial by court-martial.  All requirements of law and regulation were met, and his rights were fully protected throughout the separation process.

3.  The evidence of record further confirms his RE code was assigned based on his separation under the provisions of chapter 10, Army Regulation 635-200.  The RE code associated with this type of discharge is RE-4.  He therefore received the appropriate RE code associated with his discharge.

4.  Based upon the foregoing and the fact he did not submit any evidence showing the RE code was given in error or due to an injustice, there is an insufficient basis upon which to grant 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)                                         AR20140012276





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012276



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1