RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060009417


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Roland Venable                |     |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, in effect, that his Reentry (RE) Code "4" be
change to a more favorable code.

2.  The applicant states, in effect, that he made a youthful, immature
error which did not represent his character and that he wants to do the
right thing.

3.  The applicant provides an additional statement.  He states that his
situation is a unique one that needs an explanation.  He states that he
enlisted in the Army in March 2002, completed infantry training, airborne
school, and was assigned to the 25th Infantry Division in Hawaii.  During
the time of basic training, his mother was in a very serious accident.  His
mother was self-employed and was having trouble at the time working.  He
provided his commander with medical documents and spoke to him about being
transferred to the 101st (101st Airborne Division) since it was close to
his home.

4.  The applicant was informed that a transfer would not be possible and he
then spoke to him about a hardship discharge.  He was also informed, by his
commander, that it was unlikely but he could begin the paperwork.  Four
months later, his commander informed him of the letters he received from
his mother's doctor which were not going to work and that he needed better
ones before he could submit them.  He eventually asked for leave so he
could go home and assist his mother and try to get more medical documents.
He was told that this was not possible either.  A few days passed and his
platoon sergeant pulled him aside and said that he should not expect
anything to happen for some time because the company commander was leaving
Hawaii for another unit and would not be handling his paperwork.

5.  The applicant was 19 years old, impatient, and did not think about his
actions so he left his unit and went AWOL (absent without leave).  All he
could think of was that if no one was going to help him then he had to help
himself and his family.  He was discharged with an under other than
honorable conditions (UOTHC) discharge.  He is currently 24 years old.  He
had a year of college before joining the Army and during the time he was
AWOL, he not only helped his mother, but completed the remaining 3 years of
his criminal justice degree in 2 years.  This shows that he was not getting
into trouble and was trying to do some good for himself.




6.  The applicant states that he regrets his discharge as it is not the
kind of person he is.  He wants to use his life to make a difference and do
the right thing which is to serve honorably in the Army.  Not only is he
doing this for himself, but he is doing this for every single person he let
down and wants a chance to do what is right.

7.  The applicant provides three letters and a copy of his DD Form 214
(Certificate of Release or Discharge from Active Duty) in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 5 March
2002.   The applicant successfully completed basic combat training and
advanced individual training at Fort Benning, Georgia.  On completion of
his OSUT (one station unit training), he was awarded the military
occupational specialty (MOS), 11B, Infantryman.

2.  The applicant was apprehended by civil authorities at Cookeville,
Tennessee, on 11 May 2005 and returned to military control on the same
date.

3.  Charges were preferred against the applicant on 19 May 2005, for being
AWOL from 24 October 2002 to 11 May 2005. 

4.  On 19 May 2005, the applicant voluntarily submitted a request for
discharge for the good of the service, in lieu of trial by court-martial. 
In his request the applicant stated he understood he could request
discharge for the good of the service because charges had been filed
against him under the UCMJ, which could authorize the imposition of a bad
conduct or dishonorable discharge.  He added that he was making his request
of his own free will and had not been subjected to coercion whatsoever by
any person.  The applicant stated he had been advised of the implications
that were attached to his request and that by submitting his request, he
acknowledged that he was guilty of the charge against him or of a lesser or
included offense which also authorized the imposition of a bad conduct or a
dishonorable discharge. 

5.  The applicant stated that he understood that if his request were
accepted, he could be discharged under other than honorable conditions.  He
was advised and understood the effects of an under other than honorable
conditions discharge and that issuance of such a discharge could deprive
him of many or all Army benefits that he might be eligible for, that he
might be ineligible for many or all benefits administered by the Veterans
Administration [now the Department of Veterans Affairs], and that he might
be deprived of his rights and benefits as a veteran under both Federal and
state law.  He also understood that he could expect to encounter
substantial prejudice in civilian life because of an under other than
honorable conditions discharge.

6.  He was informed that once his request was submitted, it may be
withdrawn only with the consent of the commander exercising general court-
martial jurisdiction over him, or without that commander's consent in the
event that his trial on these charges resulted in acquittal or sentence
which did not include a punitive discharge.

7.  Prior to completing his request for discharge for the good of the
service, the applicant was afforded the opportunity to consult with
counsel.  He consulted with counsel on the same date and was fully advised
of the nature of his rights under the UCMJ.  Although he was furnished
legal advice, the legal decision was his own.  The applicant was advised
that he could submit a statement in his own behalf, which would accompany
his request for discharge.  The applicant opted not to submit a statement
in his own behalf.

8.  On 25 May 2005, the separation authority approved the applicant's
request for discharge and directed that he be discharged under other than
honorable conditions.

9.  The applicant was discharged on 1 June 2005 in the pay grade of E-1.
He had a total of 7 months and 27 days of creditable service and had 929
days of lost time due to AWOL.

10.   Item 26 (Separation Code), of the applicant's DD Form 214, shows the
entry "KFS."  Item 27 (Reentry Code), of the applicant’s DD Form 214, shows
the entry "4" and the narrative reason for his separation is, "in lieu of
trial by court-martial."

11.  There is no evidence that the applicant applied to the Army Discharge
Review Board (ADRB) for an upgrade of his discharge within its 15-year
statute of limitations.

12.  The applicant provides a letter, dated 28 May 2006, from a former
school mate, who is currently serving on active duty as a second lieutenant
in the US Army.  He states in conclusion that he strongly supports the
applicant's intentions of becoming a US Army officer and that he would be
honored to serve alongside him.


13.  The applicant provides a copy of a letter from a criminal court
prosecutor, in the district attorney general's office in Cookeville,
Tennessee.  The prosecutor states that the applicant was applying for
reentry into the Army and he recommended him to the Board.  The prosecutor
states that he teaches criminal justice courses on the Tennessee Tech
(technical) University Campus.  He states that the applicant was a student,
received "A" in both classes, and set a standard with those grades for the
other students.  The prosecutor concludes that the applicant was sincere in
his commitment to complete his obligation to the Army and recommended that
the Board consider his application for reentry.

14.  The applicant provides a copy of a letter from a Member of Congress
(MOC) to the US Army Review Board, Support Division, St. Louis.  The MOC
indicates that the applicant requested assistance in correction of his RE
Code to allow him to reenlist and that he be provided with a response to
share with the applicant.

15.  Army Regulation 635-200 sets forth the basic authority for 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.

16.  Pertinent Army regulations provide that prior to discharge or release
from active duty, individuals will be assigned reentry 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 reentry codes, including RA RE
codes.

17.  RE-4 applies to persons not qualified for continued service by virtue
of being separated from the service with non-waivable disqualifications
such as persons discharged for the good of the service in lieu of trial by
court-martial.

18.  The SPD/RE Code Cross Reference Table, dated 8 September 2005,
provides instructions for determining the RE Code for Active Army Soldiers
and Reserve Component Soldiers separated for cause.  It also shows the SPD
code with a corresponding RE Code and states that more than one RE Code
could apply.  The Soldier’s file and other pertinent documents must be
reviewed in order to make a final determination.  The SPD code of "KFS" has
a corresponding RE code of "4."
19.  AR 635-5-1, in effect at that time, prescribed the specific
authorities (regulatory, statutory, or other directives), the reasons for
the separation of members from active military service, and the separation
code to be used for these stated reasons.  The regulation shows that the
separation code "KFS", as shown on the applicant's DD Form 214, is
appropriate for discharge when the narrative reason for discharge is
"voluntary", in lieu of trial by court-martial.  The authority for
discharge under this separation code is AR 635-200, Chapter 10.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's discharge on 1 June 2005 was accomplished in compliance
with applicable regulations.

2.  The evidence shows the applicant was voluntarily discharged under the
provisions of Army Regulation 635-200, chapter 10, for the good of the
service, in lieu of trial by court-martial.  The separation code of "KFS"
and RE Code of "4" were entered in their appropriate spaces on the DD Form
214 and the narrative reason for his discharge was shown to be, "in lieu of
trial by court-martial."

3.   The applicant's separation code of "KFS" is consistent with the basis
for his separation and the RE Code applied to his DD Form 214 is consistent
with the separation code; therefore, the applicant is not entitled to a
change of his separation code or his RE Code.

4.  The applicant has provided no evidence to show that the RE Code issued
to him at the time of discharge was improper or inequitable or should be
changed now.

5.  The applicant's contentions as well as his post-service conduct were
reviewed; however, they were not sufficiently mitigating to support a
change in his RE Code to a more favorable code for reentry.

6.  The evidence of record shows that the applicant accumulated a total of
929 days of lost time due to AWOL.  A cumulative absence of this duration
is serious and there is insufficient evidence to show that he now deserves
an upgrade of his discharge.

7.  In order to justify correction of a military record, the applicant must
show, to the satisfaction of the Board, or it must otherwise 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

__J_____  ___WDP_  ___RSV_  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.




                                  ___    John T. Meixell_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009417                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR 635-200, chap 10                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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