RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JUNE 2005
      DOCKET NUMBER:  AR20040007878


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Ms. Linda Simmons                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his reentry code of “4” on his DD Form 214
(Certificate of Release or Discharge from Active Duty) be changed.

2.  The applicant states that he would like to have his reentry code
changed so that he can reenter the Army.  He joined the Army right out of
high school, completed training at Fort Benning and was assigned to Fort
Riley, Kansas.  He was young, confused, and scared.  There were rumors of
going to Kosovo without leave.  He was already homesick and when he went
home he found out that he was going to be a father.  He stayed away longer
than he planned, and as a result he was discharged from the Army.  That was
the biggest mistake of his life.  Now he watches the news and sees all the
Soldiers fighting for our country.  He would like the chance to start over
with his life and serve his country again.  He is older now, going to
college, and knows what he wants out of life.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army for 3 years on 21 July 1998,
completed training as an infantryman, and in December 1998 was assigned to
Fort Riley.  On 12 April 1999 the applicant went AWOL (absent without
leave) from his unit, Rear Detachment, 1st Battalion, 16th Infantry.

2.  The applicant was apprehended by civil authorities on 11 March 2000 at
Reed City, Michigan.  He was sentenced to confinement for 4 months at the
Osceola County Jail in Reed City for a variety of offenses.  He was
returned to military control on 15 June 2000 and assigned to the Special
Processing Company, Personnel Control Facility at Fort Knox, Kentucky.

3.  On 21 June 2000 court-martial charges were preferred against the
applicant.  He consulted with counsel and voluntarily requested discharge
in lieu of trial by court-martial under the provisions of Army Regulation
635-200, chapter 10.  He stated that he was guilty of the offense charged
which authorized the imposition of a bad conduct or dishonorable discharge.
 He stated that he understood that he might be discharged under other than
honorable conditions, and that he understood the nature and consequences of
the under other than honorable conditions discharge that he might receive.
He declined to submit a statement in his own behalf.

4.  The applicant was on excess leave from 22 June 2000 until 30 October
2001.
5.  On 27 September 2001 the separation authority approved the applicant’s
request and directed that he be discharged under other than honorable
conditions.  The applicant was discharged on 30 October 2001.  His
        DD Form 214 shows a separation code of “KFS” and a reentry code of
“4.”

6.  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 at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.  A
discharge under other than honorable conditions is normally considered
appropriate.

7.  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
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3
of that regulation prescribes basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
(reentry) codes, including RA RE codes. Code RE-4 applies to persons
separated with a nonwaivable disqualification.

8.  That regulation also states in pertinent part that prior service
personnel will be advised that RE codes may be changed only if they are
determined to be administratively incorrect.  Applicants who have correct
RE codes will be processed for a waiver at their request if otherwise
qualified and waiver is authorized.  Recruiting personnel are authorized to
process requests for waiver.

9.  Army Regulation 635-5-1 prescribes the SPD codes to be used, and the
authorities, and reasons for their usage and control.  Paragraph 2-3c of
that regulation states that the SPD will be entered in block 26 of DD Form
214.  Paragraph 2-3d states the narrative reason for separation will be
entered in block 28 of the DD Form 214 as listed in either Appendix B or C
of that regulation.  No deviation is authorized.  A separation code of
“KFS” is applicable for a Soldier separated under the provisions of Army
Regulation 635-200, chapter 10.

10.  A separation program designator code (SPD)/reentry (RE) code cross-
reference table indicates an RE code of “4” is applicable for Soldiers
separated with a separation code of “KFS.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant was AWOL for approximately 14 months, and was returned to
duty only after being apprehended by civil authorities.  He voluntarily
requested discharge in order to avoid the punitive discharge that he might
receive in a trial by court-martial.  His request was approved and he was
discharged under other than honorable conditions.  The reason for his
separation, his character of service, and his separation code are correct.
The applicant’s reentry code of “4” on his DD Form 214 is also correct.
This, the applicant does not dispute.

2.  The Board has taken cognizance of applicant’s contention that he was
young and immature at the time.  The Board also acknowledges his contention
of his good post-service conduct; however, none of these factors, either
individually or in sum, warrant the relief requested.  There is no error in
the applicant’s records or an injustice done to him.

3.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JS____  ___HF __  ___LS___  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.






                                  _______John Slone______________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007878                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050614                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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