IN THE CASE OF: BOARD DATE: 22 September 2016 DOCKET NUMBER: AR20150014522 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 September 2016 DOCKET NUMBER: AR20150014522 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 22 September 2016 DOCKET NUMBER: AR20150014522 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 item 26 (Separation Code) and item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states that he would like his separation and reentry codes changed to allow him to reenter military service. He acknowledges that he made mistakes that he sincerely regrets, but he feels he has matured and desires to serve his country. He believes his discharge is unjust and he is continuously penalized for mistakes he made in as a youth. 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 22 February 1999. He was 18 years old at the time of enlistment. 3. On 13 October 1999, charges were preferred against him for being absent without leave (AWOL) from on or about 7 September to 12 October 1999. 4. He consulted with legal counsel on 14 October 1999 and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life. He also acknowledged he understood he might be ineligible for many or all Army benefits administered by the Department of Veterans Administration if an under other than honorable conditions discharge was issued to him. He did not submit statements in his own behalf. 5. On 19 January 2000, the applicant's immediate commander recommended approval of the applicant's request for discharge and the issuance of an under other than honorable conditions discharge. The commander noted the applicant was charged with one specification of being AWOL totaling 35 days. The commander also stated the applicant became disillusioned with the military and he felt that retention was not in the best interest of the Army. 6. On 7 February 2000, the separation authority approved his request for discharge for the good of the service in lieu of court-martial under the provisions of Army Regulation 635-200, chapter 10, with the issuance of an under other than honorable conditions discharge and reduction to private, E-1. 7. He was discharged on 7 February 2000 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He completed 10 months and 11 days of active military service with 35 days of lost time. 8. His DD Form 214 confirms he was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He was assigned a reentry eligibility (RE) code of “4,” a separation program designator (SPD) code of "KFS," and he had 35 days of lost time. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides 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. 2. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation shows the SPD code of "KFS" as shown on the applicant's DD Form 214 specifies the narrative reason for discharge as "in lieu of trial by court-martial" and the authority for discharge under this SPD code is Army Regulation 635-200, chapter 10. 3. The SPD/RE Code Cross Reference Table establishes RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. 4. Army Regulation 635-200 states that individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active service. 5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, determines Regular Army and U.S. Army Reserve reentry eligibility. An RE code of “4” applies to a person separated from the last period of Service with a nonwaivable disqualification. Soldiers receiving an RE code of "4" are ineligible for enlistment. DISCUSSION: 1. The applicant's records show he was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial. The evidence shows that after receiving the advice of legal counsel, he voluntarily requested discharge for the good of the service 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. 2. The record shows the applicant was 18 years of age at the time of his enlistment and 19 years of age at the time of his offenses. There is no evidence indicating he was any less mature than other Soldiers of the same age who successfully completed their military service obligation. 3. The applicant's RE code was assigned based on his voluntary separation under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial and cannot be changed unless the applicant's narrative reason for separation is changed. The RE code associated with this type of discharge is an RE code of “4.” 4. The evidence of record shows the applicant received the appropriate separation code and RE code associated with his discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014522 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014522 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2