RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 SEPTEMBER 2006
      DOCKET NUMBER:  AR20060000570


      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. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Mr. Edward Montgomery             |     |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 records be corrected by changing his
Reentry (RE) Code from "4" to "3".

2.  The applicant states that he made a mistake when he went absent without
leave (AWOL) while on active duty.  He regrets that decision, and needs his
RE Code changed so that he can reenlist and return to active duty.

3.  The applicant provides a copy of his Enlisted Record Brief, his DD Form
214 (Certificate of Release or Discharge from Active Duty), his discharge
proceedings, and other related enlistment forms, in support of his request.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 September 2004, for a
period of 4 years.

2.  On 14 March 2005, the applicant's commander preferred court-martial
charges against the applicant for being AWOL from 24 January 2005 to 9
March 2005.

3.  On 17 March 2005, after consulting with legal counsel, the applicant
voluntarily submitted a request for discharge for the good of the service,
under Army Regulation 635-200, Chapter 10, in lieu of trial by court-
martial.  He acknowledged that his request had been submitted of his own
free will with no coercion whatsoever by any person.  He acknowledged that
he understood the effects of receiving an under other than honorable
conditions characterization.  He also acknowledged that he understood that
he may be deprived of many or all Army benefits and that he may be
ineligible for many or all benefits administered by the Veterans
Administration, and that he may be deprived of his rights and benefits as a
Veteran under both Federal and State law.

4.  On 18 March 2005, the applicant's commander recommended approval of his
discharge request, with a characterization of under other than honorable
conditions.






5.  On 22 March 2005, the appropriate separation authority approved the
applicant’s request for discharge for the good of the service, under the
provisions of Army Regulation 635-200, Chapter 10, and directed his
reduction to the lowest enlisted grade and the issuance of an under other
than honorable conditions discharge.

6.  On 30 March 2005, the applicant was issued an undesirable discharge,
characterized as under other than honorable conditions, under the
provisions of Army Regulation 635-200, Chapter 10.  His DD Form 214
indicates he had
5 months, and 1 day of active duty, and 45 days lost time.

7.  Army Regulation 635-200, then in effect, set forth the basic authority
for the separation of enlisted personnel.  Chapter 10 of that regulation
provided, in pertinent part, that a member who had committed an offense or
offenses for which the authorized punishment included a punitive discharge
could at any time after the charges had been preferred; submit a request
for discharge for the good of the service in lieu of trial by court-
martial.  At the time of the applicant’s separation, the regulation
provided for the issuance of an undesirable discharge.

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 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.

9.  RE-4 applies to individuals who were separated from their last period
of service with a non-waivable disqualification.  Soldiers who were
separated from their term of service with a Department of the Army imposed
bar to reenlistment in effect are ineligible for reenlistment and receive
an RE-4.

10.  Army Regulation 635-5-1 states that SPD codes are three-character
alphabetic combinations, which identify reasons for, and types of
separation from active duty. The primary purpose of SPD codes is to provide
statistical accounting of reasons for separation.  They are intended
exclusively for the internal use of DOD and the military services to assist
in the collection and analysis of separation data.  It notes that “KFS” is
the appropriate SPD code for individuals involuntarily separated in lieu of
trial by court-martial.

11.  A “cross-reference” table, provided by officials from the U.S. Army
Human Resources Command-Alexandria, confirms that “RE-4” is the appropriate
RE code for individuals who separated with an SPD code of "KFS".

12.  Army Regulation 601-210, which establishes the policies and provision
for enlistment in the Regular Army and United States Army Reserve, states
that RE Codes may be changed only if they are determined to be
administratively incorrect.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's voluntary request for separation under the provisions
of Army Regulation 635-200, Chapter 10, for the good of the service, to
avoid trial by court-martial, was administratively correct and in
conformance with applicable regulations.  The type of discharge directed
and the reasons therefore were appropriate considering the facts of the
case.

2.  The applicant was separated from active duty because of misconduct and
as such, was not eligible to reenlist, and received an RE Code of 4.

3.  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.  The applicant’s RE Code is appropriate considering the
basis for his separation, and there is no basis to correct the existing
code.  The fact that he may now want to return to military service is not
sufficient justification to change his RE Code.

4.  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

__MT ___  __CD ___  __EM ___  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.




                                  ______Marla Troup_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000570                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060926                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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