ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 May 2019 DOCKET NUMBER: AR20160018366 APPLICANT REQUESTS: * His Reentry (RE) code be changed from RE--4 to re-enter the Army * A personal appearance before the board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was too young when he entered in the military and did not have an understanding about the military. He has matured and understands the responsibility in life and the military and asking to be reconsidered to re-enter the military. 3. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army (RA) on 27 February 2003. b. On 14 May 2003, he departed his unit in an absent without leave (AWOL) status, and on 14 June 2003, he was dropped from the rolls as a deserter. He returned to military control on 13 September 2003. c. On 18 September 2003, court-martial charges were preferred against him for one specification of AWOL from 14 May 2003 to 13 September 2003. d. On 19 September 2003, the applicant consulted with legal counsel reference his requested discharge under the provisions (UP) of Army Regulation (AR) 635-200 a. (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial. He was advised of and acknowledged his rights that: * he was making this request of his own free will and he had not been subjected to any coercion whatsoever by any person * he acknowledged he understood if his discharge request was approved he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the Veterans Administration * he acknowledged he understood he could be deprived of his rights and benefits as a veteran under both Federal and State laws * he elected not to submit a statement on his own behalf * he did not desire a physical evaluation prior to separation e. On 7 November 2003, his immediate commander requested for discharge in lieu of trial by court-martial (UP) of AR 635-200, chapter 10 for being AWOL. f. On 14 November 2003, the request for discharge was reviewed and found no legal objections to further processing. g. On 17 November 2003, the separation authority approved the discharge request. He directed the applicant to receive an Under Other than Honorable Conditions Discharge. h. On 5 December 2003, he was discharged accordingly. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. It also shows he completed 5 months and 6 days of active service and he had lost time from 14 May 2003 to 13 September 2003. He was assigned Separation Code KFS and RE Code 4. i. On 7 June 2006, The Army Discharge Review Board (ADRB) reviewed the applicants case and determined that relief is warranted. j. On 10 August 2006, the applicant was notified that his discharge had been changed by the ADRB to Uncharacterized. He was issued a DD Form 214. His separation code and RE code remains unchanged. 4. By regulation (AR 15-185), applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 5. By regulation (AR 635-200) Soldiers separating under the provisions of chapter 10 of AR 635-200 are assigned Separation Code KFS. The RE Code associated with this Separation Code is 4. 1. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that a just and fair decision can be reached without a personal appearance by the applicant. Additionally, the Board concluded that relief was not warranted. Based upon the provisions of which the applicant was discharged, under Chapter 10 of AR 635-200, and the regulatory guidance relating to the separation code appropriate for such separation, the Board found no error or injustice which would warrant changing the reentry code of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 845 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 15-185 (Army Board for Correction of Military Records) applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. SPD code KFS is the appropriate code to assign to Soldiers separated under the provisions of AR 635-200, chapter 10, in-lieu of trial by court-martial. 4. AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Table 3-1 included a list of the Regular Army 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 for enlistment 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. 5. The SPD/RE Code Cross Reference Table in effect at the time of his discharge provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table shows the SPD code and a corresponding RE code. The SPD code "KFS" has a corresponding RE code "4."