IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100010153 


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 eligibility (RE) code 4 be changed so that he may enlist in the Army.

2.  The applicant states he was unaware he would never be able to reenter military service.  He wants nothing more than to serve his country.  He wants to enlist, but needs his RE code changed.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  On 2 November 2006, the applicant enlisted in the Regular Army.

2.  The applicant was absent without leave (AWOL) from 15 February 2007 to 13 March 2007 and from 16 March 2007 to 21 July 2008.

3.  Charges were preferred on 28 July 2008 for the applicant's last period of AWOL.

4.  On 15 September 2008, the applicant's request for discharge in lieu of trial by court-martial was approved.  The commander directed the issuance of a discharge under other than honorable conditions.

5.  On 8 October 2008, the applicant was discharged in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10.  Accordingly, he was given a separation program designator (SPD) code KFS and an RE code 4.  His character of service was under other than honorable conditions.

6.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.  RE code 4 applies to persons separated from their last period of service with a non-waivable disqualification.  This regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.

7.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214.  The SPD code KFS was the appropriate code based on the guidance provided in this regulation for Soldiers separating under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  Additionally, the SPD/RE Code Cross Reference Table establishes RE code 4 as the proper RE code to assign to Soldiers for this reason.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code 4 should be changed so that he may enlist in the Army.

2.  The RE code 4 establishing his ineligibility for enlistment/reenlistment was correctly entered on his separation document in accordance with governing regulations.

3.  There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the RE code 4.  While the applicant's desire to serve his country is commendable, there are no provisions authorizing the change of an RE code for this purpose.

4.  In view of the foregoing, there is no basis for granting the applicant's request.



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)                                         AR20100010153



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100010153



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1