RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 August 2007
      DOCKET NUMBER:  AR20070005235


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Conrad V. Meyer               |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Ms. Ernestine I Fields            |     |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 of RE-4
be changed, to a code that would allow him to reenlist in the Army.

2.  The applicant states, in effect, that he was not treated fairly by his
senior
noncommissioned officer (NCO) and believes that he was forced out of the
Army. He states that he was a good Soldier.  His plans were to enter into
Special Forces and serve honorably in Iraq.

3.  The applicant provides a letter from his squad leader in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows that enlisted in the Regular Army
on
8 April 2003 for a period of 4 years.  He completed the required training
and was awarded military occupational specialty 92G (Food Service
Operation).  The highest grade he attained was pay grade E-3.

2.  The applicant’s record indicates that he served in Iraq from 6 March
2004 to
1 June 2005.  He was awarded the National Defense Service Medal, the Army
Service Ribbon, the Global War on Terrorism Expeditionary Medal, the Global
War on Terrorism Service Medal, and the Parachutist Badge.

3.  On 13 September 2005, while assigned to a unit at Fort Hood, Texas,
court-martial charges were preferred against the applicant for two
specifications of being absent without leave from 2 to 3 June 2005 and from
26 July to 8 August 2005 and one specification of the wrongful use of
Cocaine.

4.  On 12 October 2005, the applicant consulted with legal counsel and was
advised of the basis for the contemplated separation action, the effects of
a bad conduct discharge or a dishonorable discharge and of the rights
available to him. He acknowledged that he was making the request by his own
free will and had not been subjected to any coercion.  By submitting this
request he acknowledged that he was guilty of one or more of the charges
that was preferred against him.  After consulting with counsel, the
applicant voluntarily requested discharge for the good of the service, in
lieu of trial by court-martial.  He also stated his understanding that if
his discharge request was approved, he could be deprived of many or all
Army benefits, that he could be ineligible for many or all benefits
administered by the Department of Veterans Affairs (VA), and that he could
be
deprived of his rights and benefits as a veteran under both Federal and
State law.  He further indicated that he understood that he could encounter
substantial prejudice in civilian life by reason of a discharge under other
than honorable conditions.  He further acknowledged that he understood that
there is neither automatic upgrading nor review by any government agency of
a less than honorable discharge and that he must apply to the Army
Discharge Review Board or the Army Board of Corrections of Military Records
if he wish a review of his discharge.  He understood that the act of
consideration by either board does not imply that his discharge will be
upgraded.  He acknowledged that once his request for discharge is
submitted, it may be withdrawn only with consent of the Commander
exercising general court-martial authority.  The applicant did not submit a
statement in his own behalf.

5.  On 19 October 2005, the Commanding General approved the applicant’s
request for discharge and directed that he be reduced to the grade of E-1
and issued an Under Other Than Honorable Conditions Discharge Certificate.


6.  On 1 November 2005, the applicant was discharged under the provisions
of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.
The separation document (DD Form 214) he was issued confirms he completed
2 years and 7 months of creditable active military service.  He was
assigned a separation program designator (SPD) code of KFS and an RE code
of RE-4.

7.  Army Regulation 635-200 (Personnel Separations) sets forth the basic
authority for the 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, submit a request for discharge for the good of the service
in lieu of trial by court-martial.  The request may be submitted at any
time after charges have been preferred and must include the individual's
admission of guilt.  Although an honorable or general discharge is
authorized, a discharge under other than honorable conditions is normally
considered appropriate.

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 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.

9.  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 is the appropriate code to assign
to Soldiers separated under the provisions Army Regulation 635-200, chapter
10.

10.  RE-4 applies to persons who are permanently disqualified for continued
Army service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions were carefully considered.  However, by
regulation, the RE-4 code assigned to the applicant was the proper code to
assign members separating under the provisions of Army Regulation 635-200,
Chapter 10, in lieu of trial by court-martial.  As a result, the RE-4 code
and the narrative reason for separation were and still are appropriate.

2.  The evidence of record confirms the applicant’s separation processing
was accomplished in accordance with the applicable regulation.  This
includes the assignment of his SPD and RE codes.  All requirements of law
and regulation were met and the rights of the applicant were protected
throughout the separation process.

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 this requirement.

4.  RE-4 applies to persons who are permanently disqualified for continued
Army service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___CVM _  ___DED_  ___ERM _  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.




                                  ____Conrad V. Meyer____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/08/21                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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