RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 September 2007
	DOCKET NUMBER:  AR20070007314 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Ms. Laverne V. Berry

Member

Mr. Ronald D. Gant

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 upgrading his reentry code (RE Code) from RE-4 to RE-3 which would allow him to rejoin the Army.

2.  The applicant states that upon his discharge, he received an honorable discharge and was told that he would be allowed to rejoin the Army at a later date.  He further states that when he applied to the Wyoming Army National Guard, he was found ineligible due to his RE Code.

3.  The applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of the Case Management Support Division (CMSD), St. Louis, Missouri, letter advising him to submit a DD Form 149 (Application for Correction of Military Records), a self-authored statement, and a copy of his Honorable Discharge Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060000615, on 3 August 2006.

2.  The applicant submitted a self-authored statement attributing his absence without leave during his military service to his parents' illness at the time and his lack of knowledge how to deal with the situation, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant’s records show that he discharged under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 14-12c(1), on 1 August 2003 by reason of commission of a serious offense - absent without leave (AWOL) returnee.  The DD Form 214 he was issued confirms that he was issued a general discharge and completed a total of 8 months and 1 day of creditable active military with 67 days of lost time due to AWOL.  

4.  On 21 September 2005, the ADRB upgraded his discharge because it was not approved by the proper separation authority.  The ADRB directed that his characterization of service be changed to honorable and the narrative reason for discharge be changed to Secretarial Authority.  The ADRB also considered the RE code he was given and determined that it was appropriate based on the AWOL misconduct which precipitated the separation proceedings. 
5.  In his submitted statement, the applicant restates his wish to rejoin the Army.  He describes how he was young and immature and that the reason he was absent without leave was because his parents were sick with cancer and he did not know how to deal with the situation.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions and patterns of misconduct such as frequent incidents of a discreditable nature with civil or military authorities, commission of a serious offense, and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter.  

7.  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 (Regular Army and Army Reserve Enlistment Program), 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 Regular Army RE codes.

	a.  RE–1 applies to persons completing their term of service who are considered qualified to reenter the Army.

	b.  RE-4 applies to individuals separated from last period of service with a nonwaiverable disqualification.  This includes anyone with a Department of the Army imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years of active federal service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his RE Code changed from RE-4 to RE-3 so that he can join the Wyoming Army National Guard.

2.  The applicant was 24 years old when he enlisted in the Army and chose to accept the responsibility of an adult.  There is no evidence that he was any less mature than the thousands of Soldiers who served with him.  Additionally, there is no evidence in the records that the applicant had sought help from his chain of command or outside agencies regarding his ill parents. 

3.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The RE-4 assigned to the applicant at the time of his discharge is correct.

4.  In order to justify correction of a military record the applicant must, 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

5.  The ADRB considered the applicant's RE code when it directed its upgrade action and determined that it should not be changed because of the misconduct which led directly to the applicant's discharge.  Although the ADRB directed that the applicant's discharge be upgraded based on an impropriety, the underlying reason for his discharge was his period of AWOL.  Absent the AWOL, there was no fundamental reason to process the applicant for discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jea___  __lvb___  __rdg___  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.




							James E. Anderholm
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070007314
SUFFIX

RECON

DATE BOARDED
20070918
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0300
2.

3.

4.

5.

6.