IN THE CASE OF: BOARD DATE: 29 July 2010 DOCKET NUMBER: AR20100007400 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 his Reentry (RE) code of 4 be changed to a more favorable RE code to allow him to return to active duty. 2. The applicant states the following: * He served his first tour without getting into trouble * His marriage was on the rocks * He would like the chance to get back into the military and fulfill the 6-year commitment he made 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a self-authored statement in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve on 27 February 2003 under the delayed entry program for a period of 8 years. He enlisted in the Regular Army on 12 March 2003 for a period of 4 years. 2. The applicant was discharged on 6 August 2007 under the provisions of Army Regulation 635-200, chapter 10 in lieu of trial by court-martial. He completed 4 years, 1 month, and 12 days of active military service with approximately 104 days of lost time. 3. His DD Form 214 shows he was assigned an RE code of 4 and a Separation Program Designator (SPD) code of "KFS" (In Lieu of Trial by Court-Martial). 4. The applicant provided a self-authored statement to explain his reasons for being absent without leave (AWOL): * He went AWOL because of a situation at home that was ongoing while he was deployed in Iraq * All of his pay was being taken * He asked for leave, but he was denied * He would like his RE code changed to a code that will allow him to get back into the military 5. 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. 6. 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 separation program designators to be used for these stated reasons. The regulation shows that the separation program designator “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 that the authority for discharge under this separation program designator is “AR 635-200, chapter 10." 7. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of AR 635-200, chapter 10 in lieu of trial by court-martial. 8. Army Regulation 635-200 states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR). Table 3-1 includes a list of the RA RE codes: a. 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. b. 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. c. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contentions are acknowledged. However, the evidence of record does not show that an error or injustice exists in this case. 2. The applicant's RE code was assigned based on his reason for discharge and cannot be changed unless the applicant's narrative reason for separation is changed. His narrative reason for separation was based on his voluntary request for discharge in lieu of trial by court-martial and there is no basis upon which this reason should be changed. In view of the foregoing, there is no basis for granting relief in this case. 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) AR20100007400 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)