IN THE CASE OF: BOARD DATE: 30 September 2008 DOCKET NUMBER: AR20080010987 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 from RE code 4 to RE code 3. 2. The applicant states that the RE code of 4 on his DD Form 214 (Certificate of Release or Discharge from Active Duty) is incorrect and should be an RE code 3. 3. The applicant provides his DD Form 214. 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 30 March 1999. 3. On 19 November 1999, court-martial charges were preferred against the applicant charging him with being absent without leave (AWOL) from on or about 26 September 1999 to on or about 16 November 1999. 4. On 19 November 1999, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He acknowledged that he was making the request of his own free will and had not been subjected to any coercion whatsoever by any person. He acknowledged that by submitting the request for discharge that he was guilty of the charge(s) against him or lesser included offenses(s) contained therein which also authorized the imposition of a bad conduct or dishonorable discharge. He was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits. He elected not to submit a statement in his own behalf. 5. On 20 November 1999, the applicant was placed on excess leave. 6. On 21 December 2000, the appropriate authority approved the request and directed the applicant receive a discharge under other than honorable conditions. 7. On 19 February 2001, the applicant was discharged with a discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial. He had completed 1 year, 8 months, and 29 days of creditable active service and had 56 days of lost time. 8. The applicant was given a separation code of “KFS” (voluntary discharge under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial) and an RE code of 4. 9. 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. A discharge under other than honorable conditions is normally considered appropriate. 10. 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 and processing into the Regular Army (RA) 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, including RA RE codes. 11. RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable. RE code 4 applies to persons not qualified for continued Army service, and the disqualification is not waivable. 12. The Separation Program Designator (SPD)/Reentry (RE) Codes Cross Reference Table states that when the separation code is KFS then RE code 4 will be given. DISCUSSION AND CONCLUSIONS: Based upon the reason for his discharge, the applicant was properly given RE code 4. There is insufficient evidence that would warrant changing his RE code. 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) AR20080010987 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080010987 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1