RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2005
      DOCKET NUMBER:  AR20050004225


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 his reentry (RE) code be changed from RE-4 to RE-
3.

2.  The applicant states he turned himself in to authorities after being
absent without leave (AWOL) for 74 days.  The applicant argues he made
several unsuccessful attempts to communicate his problems to his commander.
 The applicant concludes he made it clear during his out processing he
wanted to reenlist and was told he could after waiting two years.

3.  The applicant provides a self-authored statement in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 1 August 2001.  Records show he went AWOL while
assigned to basic training.

2.  The applicant’s record documents no acts of valor, significant
achievement of service warranting special recognition, and the highest rank
he attained while serving on active duty was private/E-1.

3.  The applicant's records contain a DD Form 533 (Deserter/Absentee Wanted
by the Armed Forces), dated 31 October 2001 which notified the local,
state, and Federal law enforcement agencies the applicant was wanted for
desertion.

4.  Records show the applicant surrendered to military authorities and was
returned to military control on 9 December 2001

5.  On 14 December 2001, a Charge Sheet (DD Form 258) was prepared
preferring a court-martial charge against the applicant for violating
Article 86 of the Uniform Code of Military Justice (UCMJ) by AWOL from 27
September 2001 through 9 December 2001.

6.  On 14 December 2001, the applicant consulted with legal counsel and was
advised of the basis for the contemplated trial by court-martial, the
maximum permissible punishment authorized by the UCMJ, the possible effects
of an under other than honorable conditions discharge and of the rights
available to him.  Subsequent to this counseling, the applicant voluntarily
requested discharge for the good of the service, in lieu of trial by court-
martial and in so doing admitted guilt to the offense.

7.  In his request for discharge, the applicant acknowledged he understood
that if his discharge request was approved, he could be deprived of many or
all Army benefits, that he could be ineligible for many or all benefits
administered by the Department of Veterans Affairs (VA), and that he could
be deprived of his rights and benefits as a veteran under both Federal and
State law.

8.  On 22 Febraury 2002, the separation authority approved the applicant’s
request for discharge and directed that he receive an under other than
honorable conditions discharge.  On 21 March 2002, the applicant was
discharged accordingly.  The separation document (DD Form 214) he was
issued confirms he completed a total of 5 months and 21 days of active
military service.

9.  The DD Form 214 also confirms that he was separated under the
provisions of chapter 10, Army Regulation 635-200 (Personnel Separations),
in lieu of trial by court-martial.  It also shows that based on the
authority and reason for discharge, he was assigned a separation program
designator (SPD) code of KFS and a RE-code of 4.

10.  The applicant provided a self-authored statement which essentially
stated his discharge was a result of unfortunate events and poor choices on
his part.  The applicant contends family issues at home were causing stress
and he attempted to receive assistance from his commander.

11.  The applicant argues he had no choice but to leave the Army and he now
wants to become a member of the Missouri Army National Guard.

12.  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.








13.  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
(Regular Army and Army Reserve Enlistment Program) 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 Regular
Army RE codes.  RE-4 applies to persons who are permanently disqualified
for continued Army service.

14.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  It states, in
pertinent part, that the SPD code of KFS is the appropriate code to assign
to soldiers separated under the provisions of chapter 10, Army Regulation
635-200, in lieu of trial by court-martial.  The SPD/RE Code Cross
Reference Table included in the regulation establishes RE-4 as the proper
code to assign members separated with this SPD code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his RE-4 code be changed was carefully
considered.  However, by regulation, the RE-4 code assigned the applicant
was the proper code to assign members voluntarily separating under the
provisions of chapter 10, Army Regulation 635-200, in lieu of trial by
court-martial.  As a result, the RE-4 code was and remains valid.

2.  The applicant contends he could reenlist after a two-year waiting
period.  There is no provision of regulation or policy which automatically
upgrades reenlistment codes or automatically entitles former Soldiers
separated with RE codes of "3" or "4" to reenlist.  Therefore, the
applicant's contention he should be allowed to reenlist in the Missouri
Army National Guard because he waited two years is not a sufficient basis
for changing his RE code.

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




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_PMS____  _LH___  __YM____  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.





                                     ___Paul M. Smith__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004225                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |2002/03/21                              |
|DISCHARGE AUTHORITY     |AR 635-200 . . . . .                    |
|DISCHARGE REASON        |Chap 10                                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]