RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            07 September 2006
      DOCKET NUMBER:   AR20060002375


      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. Deyon Battle                  |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Susan Powers                  |     |Chairperson          |
|     |Mr. Jonathan Rost                 |     |Member               |
|     |Mr. David Haasenritter            |     |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 eligibility (RE) code be
changed from RE-4 to RE-3.

2.  The applicant states that the RE code that he was assigned is too
severe.  He states that his actions were in the best interest of his brand
new family.  He states that he was a lot younger and that he made poor
decisions that he truly regrets.  He apologizes for his actions and states
that he would like to have his RE code changed so that he can come back
into the Army to try to undue some of his wrongs.

3.  The applicant provides in support of his application, an undated
statement, addressed to whom it may concern, explaining what he contends to
be the events that led to his going absent without leave (AWOL); and a
Certificate of Appreciation that was awarded by the American Red Cross
recognizing the service that he provided in response to the events of
September 11, 2001.

CONSIDERATION OF EVIDENCE:

1.  After completing 5 years, 5 months and 9 days of prior military
service, on 3 June 1999, he enlisted in the Army in Sacramento, California,
for 3 years, in the pay grade of E-1.  He successfully completed his
training as a motor transportation operator.

2.  The applicant went AWOL on 17 October 2000, and he remained absent in
desertion until he surrendered by military authorities and returned to
military control on 5 March 2001.

3.  On 7 March 2001, the applicant was notified that charges were pending
against him for being AWOL.  After consulting with counsel, he submitted a
request for discharge, under the provisions of Army Regulation 635-200,
chapter 10, for the good of the service, in lieu of trial by court-martial.
 At the time that he submitted his request for discharge, he opted not to
submit a statement in his own behalf.

4.  The appropriate authority approved the request for discharge on
17 December 2001.  Accordingly, on 17 January 2002, the applicant was
discharged, under other than honorable conditions, under the provisions of
Army Regulation 635-200, chapter 10, for the good of the service, in lieu
of trial by court-martial.  He was assigned a KFS separation code, and an
RE-4 code.

5.  On 20 October 2004, the Army Discharge Review Board upgraded the
applicant's discharge from under other than honorable conditions to under
honorable conditions (general).

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 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 RA RE codes.

7.  Army Regulation 601-210 provides the guidance for the issuance of RE
codes upon separation from active duty.  It states, in pertinent part, that
these codes are not to be considered derogatory in nature, they are simply
codes that are used for identification of an enlistment processing
procedure.  This regulation further states that when a Soldier is assigned
a KFS separation code, he/she will be assigned an RE-4 code.

8.  An RE-4 code applies to persons with a non-waivable disqualification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated and assigned an RE code in accordance with
the applicable regulations.

2.  His contentions regarding the problems that he was experiencing with
his family have been noted.  However, they are not sufficiently mitigating
to warrant the relief requested.

3.  The evidence of records shows that he had approximately 4 months and
19 days of lost time due to AWOL.  He was discharged under the provisions
of Army Regulation 635-200, chapter 10, for the good of the service, in
lieu of trial by court-martial and he was assigned an RE code in accordance
with the narrative reason and authority for his discharge.  Therefore,
according to Army Regulation 601-210 the RE-4 code that he was assigned
then and is now appropriate.

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 this requirement.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___DH __  ___JR __  ___SP___  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.





                                  ______Susan Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002375                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |20020117                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 10                       |
|DISCHARGE REASON        |ILO TRIAL BY C-M                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTERS         |
|2.  4                   |100.0300/CHANGE OF RE CODE              |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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