RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060013944


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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, a change to his reentry (RE) code
from RE-4 to RE-3.

2.  The applicant states, in effect, that the RE-4 code he received is
keeping him from reenlisting.  He further states that he departed absent
without leave (AWOL) from Fort Sill, Oklahoma, and remained away for around
11 months.  He claims he was court-martialed for his actions and that has
regretted going AWOL ever since.  He claims he was young and easily
manipulated by the world around him at home and did not return to Army life
after completing basic combat training and advanced individual training.
He states that he felt like he had left his platoon behind and that he was
alone without a drill sergeant to tell him what to do and how to conduct
himself.  He claims that he has since tried to manage in the real world,
but quickly realized how well he had it while he was in the military. He
soon will be having his first child and wants to create a better future for
his himself and his family.  He states that he has spent time in the
Veterans office and in speaking with a recruiter and other veterans, and is
doing everything he can to change his RE code.

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 24 July 2003.  He was trained in, awarded, and
served in military occupational specialty (MOS) 13B (Cannon Crewmember).

2.  The applicant's record shows that during his active duty tenure, he
earned the National Defense Service Medal and Army Service Ribbon.  His
record documents no acts of valor, significant achievement, or service
warranting special recognition.

3.  The applicant's record contains a Deserter/Absentee Wanted by the Armed
Forces (DD Form 553), which shows the applicant went absent without leave
(AWOL) on 26 January 2004.  It also contains a Report of Return of Absentee
(DD Form 616), which shows that the applicant returned to military control
on
3 November 2004.

4.  A separation packet containing the specific facts and circumstances
surrounding the applicant's separation processing is not on file in his
record.  However, his record does contain a properly constituted separation
document (DD Form 214) that contains the authority and reason of his
separation.

5.  The applicant's DD Form 214 shows that on 1 December 2004, he was
separated under the provisions of Chapter 10, Army Regulation 635-200, in
lieu of trial by court-martial, and received an under other than honorable
conditions (UOTHC) discharge, after completing a total of 6 months and 8
days of creditable active military service and accruing 295 days of time
lost due to AWOL.  It also shows that based on the authority and reason for
his separation he was assigned a Separation Program Designator (SPD) code
of KFS and an RE-4 code.

6.  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 (USAR).  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.
RE-4 applies to persons who have a nonwaivable disqualification.

7.  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 was 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 indicates that RE-4 is the proper code to assign members
separated with SPD code KFS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the RE code should be changed from RE-4
to RE-3 in order to allow him to reenlist, which will give him the
opportunity to better the life of himself and his family was carefully
considered.  However, while it is noteworthy that the applicant regrets his
misconduct and wants to better his life, this factor is not sufficiently
mitigating to support granting the requested relief.

2.  The evidence of record confirms the applicant accrued approximately 295
days of time lost due to AWOL, and his record is void of any acts of valor,
significant achievement, or service warranting special recognition.

3.  The applicant’s separation document confirms he was discharged under
the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by
court-martial.  In connection with such a discharge, he was charged with
the commission of an offense punishable with a punitive discharge under the
UCMJ. Procedurally, he was required to consult with defense counsel, and to
voluntarily request separation from the Army in lieu of trial by court-
martial.  In doing so, he would have admitted guilt to the stipulated
offense(s) under the UCMJ that authorized the imposition of a punitive
discharge.  In the absence of information to the contrary, it is concluded
that all requirements of law and regulation were met and the rights of the
applicant were fully protected throughout the separation process.

4.  By regulation, RE-4 is the proper reentry code to assign members
separated under the provisions of chapter 10, Army Regulation 635-200, in
lieu of trial by
court-martial, and who are assigned an SPD code of KFS.  The evidence of
record confirms the applicant was separated under the provisions of chapter
10, Army Regulation 635-200, in lieu of trial by court-martial.  It also
shows that based on the authority and reason for his discharge, he was
appropriately assigned a SPD code of KFS.  Therefore, the RE-4 code he was
assigned at the time of his discharge was and remains valid.  Therefore, it
would not be appropriate to change it at this time.

5.  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

___WDP_  __WFC__  __DED__  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.




                                  _____William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013944                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/26                              |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |2004/12/01                              |
|DISCHARGE AUTHORITY     |AR 635-200 C10                          |
|DISCHARGE REASON        |In Lieu of C-M                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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