IN THE CASE OF:	

		BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090021252 


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 an RE-4 to an RE-1.

2.  The applicant states that he was young and confused and did not know how to handle the situation.  He has now matured and would like the opportunity to right the wrong by completing a full term of service.

3.  The applicant provides a personal reference statement from his grandfather and pastor.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Regular Army (RA) on 20 June 2006.

2.  On 5 June 2007 the applicant departed absent without leave (AWOL) and he did not return to military control until 26 July 2007.

3.  The applicant's court-martial charges are not a matter of record.  However, on 3 August 2007, the applicant requested discharge in lieu of trial by court-martial.

4.  The applicant's first sergeant interviewed the applicant and told him that he was tired of the Army and he did not want to remain on active duty.

5.  The applicant's request was approved by the appropriate authority.  Accordingly, on 10 December 2007, the applicant was issued a general discharge.  He was 19 years old at that time.

6.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows that he was discharged in lieu of trial by court-martial in accordance with Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10, and that he was assigned a Separation Code of "KFS" and an RE-4.

7.  The reference statements provided by the applicant testify that the applicant endured trying times and circumstances in his early years and that his immaturity and peer pressure led to him heading in the wrong direction.  They believe he has matured and should be given another chance.

8.  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 (Active and Reserve Components Enlistment Program), then in effect, covered eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment.  That chapter included a list of armed forces RE codes.  Those RE codes include RE-1 which applies to individuals who were fully qualified for reenlistment when last separated.  RE-4 applies to individuals who are not qualified for continued Army service and the disqualification is not waivable.

9.  The Separation Program Designator (SPD)/RE Codes Cross Reference Table shows that the SPD Code "KFS" is to be assigned an RE-4 code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant departed AWOL because he was tired of the Army and requested discharge in lieu of trial by court-martial.

2.  The applicant was no younger than other Soldiers who honorably completed their enlistment.  As such, his youth is not accepted as mitigating in this case.

3.  While the applicant has matured as he has aged, this does not form the basis for changing a properly assigned RE code.

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)                                         AR20090021252



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ABCMR Record of Proceedings (cont)                                         AR20090021252



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