RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 AUGUST 2003
      DOCKET NUMBER:   AR2004101074


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Gail Wire                     |     |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 (RE) code on his DD Form 214
(Certificate of Release or Discharge from Active Duty) be changed so that
he can reenlist.

2.  The applicant states that while he was on active duty his wife had
their second child, immediately after he completed basic training.  He was
awaiting orders for advanced training.  His wife was suffering from post
partum, anxiety, and depression and had no help with the children, and was
in no condition to go it alone.  He submitted statements from her doctor to
his commanding officer in order to obtain leave.  After his requests were
denied he went AWOL (absent without leave) to help his family.  He turned
himself in and was discharged because of his actions.  He now realizes that
he made the wrong decisions.  He wants nothing more than to reenlist in the
Army and to be the outstanding Soldier he was destined to be.  There is no
limit to the extremes that he will go to, and until then he will not have
the confidence or self-respect that he once had.

3.  The applicant provides a copy of his DD Form 214, and in so doing
stated he is asking for the chance to correct his mistake that he made as
an 18 year old, and to give to the country what he owes.

CONSIDERATION OF EVIDENCE:

1.  Other than his DD Form 214, the applicant's military records are
unavailable.

2.  The applicant's DD Form 214 shows that he entered on active duty on
      25 October 2000.  He was discharged under the provisions of Army
Regulation 635-200, chapter 10, under other than honorable conditions, in
lieu of trial by court-martial, on 20 September 2002.  He had 7 months and
14 days of service.  His DD Form 214 shows time lost from 5 February 2001
to 8 February 2001 and 12 February 2001 to 15 May 2002.  His RE code on his
DD Form 214 is "4."  His separation code is "KFS."

3.  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.

4.  Army Regulation 635-5-1 prescribes specific authorities, reasons for
separating Soldiers from active duty, and the SPD codes to be entered on
the  DD Form 214. The separation code, “KFS,” applies to a Soldier
separated under the provisions of Army Regulation 635-200, chapter 10, in
lieu of trial by court-martial.

5.  A Separation Program Designator (SPD)/Reentry (RE) Code Cross Reference
Table shows “KFS/4,” indicating an RE code of “4” for a Soldier with a
separation code of “KFS.”

6.  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
codes, including RA RE codes.  The code RE 4 applies to persons who were
separated with a nonwaivable disqualification.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it is presumed that the
applicant's discharge proceedings were conducted in accordance with the law
and the regulations.  The applicant himself is not disputing the nature of
his discharge, the reason, or the authority for his discharge.  Nor is he
contesting the appropriateness of his reentry code at the time of his
discharge.

2.  The applicant's entreaty is noted as is his age at the time of his
entry on active duty.  Nonetheless, these are not sufficiently mitigating
to warrant the relief requested.  There is no error in the applicant's
records nor any injustice done to him.  There is no doubt to be resolved in
favor of the applicant.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE___  ___JM __  ___GW__  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.





            _____Fred Eichorn________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101074                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040803                                |
|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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