RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         24 FEBRUARY 2005
      DOCKET NUMBER:  AR20040000785


      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:

|     |Ms. Yolands Maldonado             |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Jonathon Rost                 |     |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 RE (Reentry) Code be changed from RE-4
to RE-3.

2.  The applicant states that his current RE Code precludes him from
returning to military service and as such, he would like his code changed
so that he can reenlist.  He states that he failed to complete his original
military training because of problems he was going through at home.  He
cited his child “being born and parents going through separation.”  He also
notes that he was only 18 years old at the time.  He states that he is 25
now and a lot wiser.

3.  The applicant states it was always his dream to be in the military and
he would like to fulfill that dream and “make it up to those” he has let
down.

4.  Other than his statement, the applicant provides no evidence in support
of his request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant enlisted in
the Army National Guard for a period of 6 years on 17 October 1997.  He was
19 years old at the time he executed his enlistment contract.

2.  According to his enlistment document, at the time of his enlistment he
had a daughter who was born in July 1997 and who resided with the child’s
mother.  He was not married to the child’s mother.  His statement of
personal history indicates that his mother was residing in Puerto Rico at
the time of his enlistment and his father lived in New York.  The applicant
resided with his father at the time of his enlistment.

3.  On 7 January 1998 the applicant was ordered to active duty to undergo
initial entry training.

4.  On 25 January 1998 the applicant departed AWOL (absent without leave).
He returned to military control on 24 February 1998 only to depart AWOL
again on 3 April 1998.  He was dropped from the rolls of the Army as a
deserter on
3 May 1998.

5.  In August 2000, he was apprehended by civilian authorities and returned
to military control.
6.  On 31 August 2000, after court-martial charges had been preferred, the
applicant consulted with legal counsel and requested administrative
separation in lieu of trial by court-martial.  He did not submit any
statements in his own behalf. He was placed in an excess leave status on 1
September 2000.  At the time the applicant requested discharge in lieu of
trial by court-martial he was just days shy of his 22nd birthday.

7.  The applicant’s request for an administrative discharged was approved
and on 13 December 2001 he was discharged under other than honorable
conditions under the provisions of Army Regulation 635-200, Chapter 10.  At
the time of his discharge he had 2 months and 20 days of creditable service
and more than 460 days of lost time.  His separation document indicates
that he received an RE Code of “4.”

8.  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.

9.  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 United States Army Reserve.
Chapter 3 of that regulation prescribed basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
codes, including RA RE codes.

10.  RE-4 applies to individuals who were separated from their last period
of service with a non-waivable disqualification.  Soldiers who were
involuntarily separated from their last term of service under the
provisions of Army Regulation 635-200, Chapter 10, are ineligible for
reenlistment and receive an RE-4.

11.  Army Regulation 601-210 also advises that RE codes may be changed only
if they are determined to be administratively incorrect and that there is
no





requirement to change a RE code in order to qualify for enlistment.
Paragraph
4-25 states that individual's whose discharge was the result of desertion,
are ineligible for enlistment and are not authorized waivers.  That
regulation also states that an individual separated from any United States
Armed Forces, or its Reserve Component, whose separation documents contain
a disqualifying RE Code will not be considered for waivers to reenlist.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant’s RE Code was assigned based
on the fact that he was not qualified for continuous service at the time of
his separation.  His voluntary discharge under the provisions of Army
Regulation 635-200, Chapter 10, disqualified him from reenlisting.  The
applicant’s RE Code is appropriate considering the basis for his
separation, and there is no basis to correct the existing code.

2.  The applicant’s argument that problems at home were the basis for his
being unable to fulfill his military commitment are not supported by the
evidence available to the Board.  His records show that his daughter was
born prior to his enlistment, that his parents were not residing together
at that time, and that he was 19 years old, not 18 as he states.  None of
the factors he argues, nor his inability to return to military service are
sufficient justification to change the applicant’s correctly assigned RE
Code.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___YM __  ___RW__  ___JR __  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.





                                  ___ Yolanda Maldonado______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000785                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050224                                |
|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.       |144.71                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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