IN THE CASE OF:	  

		BOARD DATE:	        9 September 2008

		DOCKET NUMBER:  AR20080010744 


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 that his Reentry (RE) code be changed to RE-3 so he can enlist.

2.  The applicant states that he wants to enlist and must have an RE code 3.

3.  The applicant provides no additional evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 19 October 2005.  He went absent without leave (AWOL) on 26 January 2006 and returned to military control on 5 April 2006.  On 13 April 2006, charges were preferred against the applicant for the AWOL period. On 13 April 2006, he requested discharge under the provisions of Army Regulation 635-200, chapter 10.  The separation authority approved the applicant’s request on 28 April 2006.  He was discharged under other than honorable conditions on 12 May 2006 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 4 months and 14 days of creditable active service with 70 days of lost time due to AWOL.

2.  Item 25 (Separation Authority) on the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the entry, "AR [Army Regulation] 635-200, CHAP [chapter] 10."  Item 26 (Separation Code) on his DD Form 214 shows the entry, "KFS."  Item 27 (Reentry Code) on his DD Form 214 shows the entry, "4."  Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "IN LIEU OF TRIAL BY COURT-MARTIAL." 
3.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation states the reason for discharge based on separation code “KFS” is “In lieu of trial by court-martial” and the regulatory authority is Army Regulation 635-200, chapter 10.  

4.  Pertinent Army regulations provide 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 processing into the Regular Army and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.

5.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.  

6.  RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.  

7.  The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 8 September 2005, shows that Soldiers given an SPD [Separation Program Designator] of "KFS” will be given an RE code of 4.  

DISCUSSION AND CONCLUSIONS:

The applicant’s RE code was administratively correct and in conformance with applicable regulations at the time of his separation.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  __xx____  ___xx___  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.



      _________xxxx_________
               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)                                         AR20080010744



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ABCMR Record of Proceedings (cont)                                         AR20080010744



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