RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 May 2005
      DOCKET NUMBER:   AR20040007102


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 the Reentry Eligibility (RE) code of RE-4
on his DD Form 214 (Certificate of Release or Discharge from Active Duty)
be changed to a more favorable code so that he may be eligible to reenter
the military.

2.  The applicant states that he believes he was treated unfairly by his
chain of command.  He also states that he lost his luggage prior his Army
Discharge Review Board (ADRB) hearing and he did not have the appropriate
documents to sufficiently represent himself.

3.  The applicant provides in support of his request:

      a.  DD Form 214.

      b.  Letter written by a United States Army Recruiter, dated 23 March
2000, which states that he was the applicant's platoon sergeant when they
were both assigned to Fort Carson, Colorado.  The applicant's mechanical
skills exceeded those of his peers.  He was a dedicated Soldier and his
appearance was exemplary.  The recruiter believes the applicant would be an
asset to the Army.

      c.  Letter written by a lieutenant colonel, currently the Medical
Director, Tricare Europe, dated 8 February 2000.  The medical director
states that he worked as a ministries coordinator at Fort Carson and that
he witnessed the applicant's spiritual growth as he faced the ordeal for
which was separated.  He believes the applicant learned and benefited from
the structure and discipline of the military.


      d.  Letter written by the ministries coordinator, Cathedral of the
Blessed Sacrament Parish, California, dated 21 March 2004, which states the
applicant is an active participant and worshiper at the parish.  The
applicant has survived several personal trials and that he attends junior
college classes for personal enrichment.

      e.  Letter of Appreciation, dated 21 March 1999, for meritorious
service in the Catholic Chapel Program, Fort Jackson, South Carolina.

      f.  Certificate of Recognition, dated 13 December 1998 in recognition
of faith and service as a member of the Cavalry Chapel Choir, Fort Knox,
Kentucky.

      g.  Certificate of Achievement recognizing the applicant for scoring
277 on the Eighth Week Army Physical Fitness Test.

      h.  Certificate of Achievement and a newspaper article recognizing
the applicant for making Soldier of the Week from 11-17 March 1999.

CONSIDERATION OF EVIDENCE:

1.  On 6 October 1998, at age 19, the applicant enlisted in the Regular
Army for 3 years and training in military occupational specialty (MOS) 63B
(Light Wheel Vehicle Mechanic).  Following completion of all required
military training, he was awarded MOS 63B and assigned to Fort Carson,
Colorado with duties in his MOS.

2.  During an investigation into a sexual assault allegation made against
the applicant by a female Soldier, a Criminal Investigation (Division)
Command (CID) report revealed that the sexual assault allegation involved
limited circumstantial evidence.  The investigation also revealed that the
applicant had a felony and a misdemeanor conviction as a civilian that he
concealed prior to enlistment. Therefore, on 2 August 1999, his commander
charged him with a fraudulent entry (deliberate concealment of the above
civilian convictions).

3.  On 26 August 1999, the applicant consulted with legal counsel and
requested discharge under the provisions of chapter 10, Army Regulation 635-
200 for the good of the service in lieu of trial by court-martial.  He was
advised that he could receive a UOTHC discharge.  He authenticated a
statement with his signature acknowledging he understood the ramifications
and effects of receiving a UOTHC discharge.  He declined to submit a
statement in his own behalf.  Both the applicant's commander and
intermediate commander recommended approval of the request and the issuance
of a UOTHC discharge.

4.  On 1 September 1999, the approval authority approved the applicant's
request for discharge under the provisions of chapter 10, Army Regulation
635-200 and directed that he be separated with a UOTHC discharge in pay
grade E-1.

5.  On 10 September 1999, the applicant was separated under the provisions
of chapter 10, Army Regulation 635-200 with a UOTHC discharge in lieu of
trial by court-martial.  He had completed 11 months and 5 days of active
military service. He was assigned a Separation Code of "KFS" and an RE code
of "RE-4."

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 enlisting and
processing into the RA and the eligibility for prior service applicants for
enlistment.  That chapter includes a list of Armed Forces RE codes and RA
RE codes.

7.  A code of RE-4 applies to persons not qualified for continued Army
service and the disqualification is nonwaiverable.

8.  A separation code of "KFS" applies to RA Soldiers ineligible for,
barred from, or otherwise denied reenlistment.

9.  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
submit a request for discharge for the good of the service in lieu of
trial by court-martial.  The request may be submitted at any time after
charges have been preferred and must include the individual’s admission of
guilt.  Although an honorable or general discharge was authorized, a UOTHC
discharge was considered appropriate at the time.

10.  On 8 April 2003, as a result of a personal appearance hearing, the
ADRB upgraded the applicant's discharge to that of a general discharge
under honorable conditions.  The narrative reason for separation to was
changed to "Secretarial Authority," but the ADRB elected not to change his
RE code.

11.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 5-3 provides, in part, that the
separation of Soldiers for the convenience of the Government is the
prerogative of the Secretary of the Army (SA).  Except as delegated by this
regulation or by special Department of the Army directives, it will be
accomplished only by the SA’s authority.  The separation of any Soldier
under this authority will be based on a secretarial determination that
separation is in the best interests of the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was being investigated for an alleged sexual assault.
During that investigation, prior unreported civilian convictions were
discovered and the applicant's chain of command preferred court-martial
charges against him for fraudulently enlisting in the Army.

2.  The applicant's voluntary request for separation under the provisions
of Army Regulation 635-200, chapter 10, to avoid trial by court-martial was
administratively correct and in conformance with applicable regulations.
The RE Code of RE-4 was properly assigned and properly reflected on his DD
Form 214.
3.  The ADRB upgraded the applicant's UOTHC discharge to a general
discharge and changed the narrative reason for separation from "in lieu of
trial by court-martial" to Secretarial Authority."  However, the ADRB chose
not to change his RE code.

4.  The applicant's entire military record and his post-service
accomplishments have been reviewed.  However, given the initial reason for
separation, the applicant's RE code of RE-4 is considered appropriate.  The
documents provided by the applicant do not establish a basis for changing
his RE code.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __lgh___  __lvb___  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.



                 James E. Anderholm
            ______________________
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007102                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050505                                |
|TYPE OF DISCHARGE       |(GD)                                    |
|DATE OF DISCHARGE       |19990910                                |
|DISCHARGE AUTHORITY     |AR635-200, Chap 5                       |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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