RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 August 2004
      DOCKET NUMBER:   AR2004100352


      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. Edmund P. Mercanti            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Gail J. Wire                  |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Paul M. Smith                 |     |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 of RE-4 be corrected
to RE-2 or, in the alternative, RE-3.  He also requests that his discharge
Under Other Than Honorable Conditions (UOTHC) be corrected to an entry
level or general discharge.

2.  The applicant states that he departed Absent Without Leave (AWOL)
because he wasn’t entered into basic combat training.  He contends that he
was only AWOL 100 days instead of the 161 days that is reflected in his
records.  In addition, his total active service was 3 months and 1 day,
which means that he should have been given an entry level discharge.

3.  The applicant provides two letters attesting to his post service
behavior, and a ATZK-PM Form 4939 which shows that he had 3 months and 1
day of service.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 May 1999.

2.  On 7 August 1999, the applicant departed AWOL.  On 15 January 2000, the
applicant was apprehended and returned to military control.

3.  On 25 January 2000, court-martial charges were preferred against the
applicant.

4.  On 25 January 2000, the applicant requested discharge in lieu of court-
martial for the good of the service.

5.  The applicant’s request was approved by the appropriate authority, and
he was discharged UOTHC on 23 March 2001.

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
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 is


authorized, a discharge under other than honorable conditions is normally
considered appropriate.  When characterization of service under other than
honorable conditions is not warranted for a soldier in entry level status,
service will be uncharacterized.

7.  Army Regulation 601-210, paragraph 4-9, states that a waiver is
required for any applicant who was separated or discharged from any
Component of the United States Armed Forces for any of the following
reasons:  (1) AWOL/Desertion; (2) Courts Martial convictions; (3)
Concealment of an arrest record; (4) Discharge for the good of the Service;
(5) Entry level performance or conduct; (6) Fraudulent entry; (7) Failure
to meet weight standards; (8) Misconduct; (9) Personality disorder; (10)
Trainee Discharge Program; (11) Unsatisfactory performance; (12) Unfitness;
and (13) Unsuitability.

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
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army and the 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.

9.  The code of RE-3 applies to persons not qualified for continued Army
service, but the disqualification is waivable.  Certain persons who have
received nonjudicial punishment are so disqualified, as are persons with
bars to reenlistment.  RE-4 applies to persons separated from their last
period of service with a nonwaivable disqualification.  Included in this
category are persons who receive a Department of the Army bar to
reenlistment.

10.  On 10 October 2003, the Army Discharge Review Board notified the
applicant that his request to upgrade his discharge had been disapproved.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records do not contain documents which show whether he
entered into basic combat training.  However, if he wasn’t put in training
due to medical problems, a lack of physical stamina or any number of other
reasons, it would not excuse his going AWOL.  As such, the applicant’s
statement that he



went AWOL because he wasn’t sent to basic combat training is insufficient
to warrant upgrading the applicant’s UOTHC discharge to a general
discharge.

2.  The letters submitted in behalf of the applicant show that he is now a
valued employee.  While this is commendable, it is insufficient to warrant
upgrading a properly issued discharge in of itself.

3.  Contrary to the applicant’s contention, he was not in an entry level
status, so his service could not have been uncharacterized.  However, this
is a moot point since his command recommended that he be given a discharge
UOTHC, which precludes an uncharacterized discharge.

4.  While it would appear that an excessive amount of time passed between
the time the applicant requested discharge and the effective date of his
discharge, there is no evidence to show that the date of his discharge is
incorrect.

5.  While the applicant did not specifically request a correction to the
lost time reflected in his records, he did challenge its accuracy.  The
staff of the board has confirmed that the applicant did, in fact, have 161
days of lost time.

6.  As for the applicant’s RE code, the applicant’s lost time and the
nature of his separation could be waived for reenlistment.  As such, the
applicant should have been assigned an RE-3, not an RE-4 code.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___GJW _  ___PMS_  ___KAH_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by changing his RE-4 code to an RE-3 code.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing the characterization of service of the individual concerned.






            __________Gail J. Wire ____________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100352                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040810                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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