RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 JULY 2006
      DOCKET NUMBER:  AR20050014097


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Mr. Donald Lewy                   |     |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 code (RE) of “4” on his DD Form
214 (Certificate of Release or Discharge from Active Duty) be changed.

2.  The applicant states that he was a good Soldier; he knows he made a
mistake but, he would like to finish his career as a Soldier.  He
understands that the military is short troops; therefore, he would like to
enlist again and serve his country to the fullest.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army on
          28 April 1999.  He was discharged on 27 May 2003 in the pay grade
of E-1 with an Under Other Than Honorable Conditions Discharge which was
later upgraded by the Army Discharge Review Board (ADRB) to a General,
Under Honorable Conditions Discharge.

2.  The applicant’s DD Form 214 lists the separation authority as Army
Regulation (AR) 635-200, Chapter 10.  His separation code is listed as
“KFS” with a reentry code of “4.”  The narrative reason for his separation
is listed as “In lieu of trial by court-martial.”

3.  On 4 February 2003, nonjudicial punishment (NJP) was imposed against
the applicant for being absent without leave from 4 October 2002 until
                10 December 2002.  His punishment consisted of reduction
from E-4 to E-1; forfeiture of $575.00 pay per month for two months,
suspended, to be automatically remitted if not vacated before 3 August
2003; extra duty for 45 days; and restriction for 45 days.

4.  In April 2003, court-martial charges were preferred against the
applicant for the wrongful use of marijuana on or between 7 December 2002
and 7 January 2003.

5.  On 30 April 2003, the commanding general approved the applicant’s
request for discharge in lieu of court-martial.  He stated that based upon
his review of the applicant’s record and the information contained in his
(applicant’s) file, the misconduct charge is sufficiently serious to
warrant separation and that the Soldier has no rehabilitative potential.
The applicant will be discharged under the
provisions of Chapter 10, AR 635-200, and issued an Under Other than
Honorable Conditions Discharge.  Additionally, the charges that formed the
basis for court-martial will be dismissed effective the date of discharge.

6.  Army Regulation 635-200 (Personnel Separations) sets forth the basic
authority for the separation of enlisted personnel.  Chapter 10 establishes
policy and prescribes procedures for separating members in lieu of trial by
court-martial.  The regulation states that a Soldier who has committed an
offense or offenses, the punishment for which under the Uniform Code of
Military Justice and the Manual for Courts-Martial, includes a bad conduct
or dishonorable discharge, may submit a request for discharge in lieu of
trial by court-martial.

7.  The same regulation states that commanders will ensure that a Soldier
is not coerced into submitting a request for discharge in lieu of trial by
court-martial. The Soldier will be given a reasonable time to consult with
counsel.  After receiving counseling, if the Soldier elect to submit a
request for discharge in lieu of trial by court-martial, the Soldier will
sign a written request, certifying that he/she has been counseled,
understands his/her rights, may receive a discharge under other than
honorable conditions, and understands the adverse nature of such a
discharge and the possible consequences.  A Soldier may waive consultation
with counsel.  If the Soldier refuses to consult with counsel, a statement
to this effect will be prepared by the counsel and included in the file.
The Soldier will also state that the right to consult with counsel was
waived.

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 (RA) and the US Army Reserve.  Chapter 3
of the regulation prescribes basic eligibility for prior service applicants
for enlistment.  This chapter also includes a list of armed forces RE
codes, including RA RE codes.  Code RE-4 applies to persons separated with
a nonwaivable disqualification.

9.  Army Regulation 601-210 also states, in pertinent part, that prior
service personnel will be advised that RE codes may be changed only if they
are determined to be administratively incorrect.  Applicants who have
corrected RE codes will be processed for a waiver at their request if
otherwise qualified and waiver is authorized.  Recruiting personnel are
authorized to process requests for waivers.


10.  Army Regulation 635-5-1 prescribes the Separation Program Designator
(SPD) codes to be used, and the authorities and reasons for their usage and
control.  Paragraph 2-3c of that regulation states that the SPD will be
entered in block 26 of DD Form 214.  Paragraph 2-3d states the narrative
reason for separation will be entered in block 28 of the DD Form 214 as
listed in either Appendix B or C of that regulation.  No deviation is
authorized.  A separation code of “KFS” is applicable for a Soldier
separated under the provisions of Army Regulation 635-200, Chapter 10.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record shows that he was charged with wrongful use of a
controlled substance.  He voluntarily requested discharge in order to avoid
the punitive discharge that he might receive in a trial by court-martial.
His request was approved and he was discharged under other than honorable
conditions, which was later upgraded by the ADRB to a general, under
honorable conditions discharge.  Therefore, the reason for his separation,
his character of service, and his separation code are correct.  The
applicant’s reentry code of “4” on his DD Form 214 is also correct.  The
applicant does not dispute this information.

2.  The Board has taken cognizance of the applicant’s contention that he
was a good Soldier and he wants to finish his career in the military.
However, these factors do not warrant the relief requested.  There is no
error in the applicant’s records or an injustice done to him.

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 that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JV____  __BE ___  ___DL  __  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 Vick________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014097                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060719                                |
|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.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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