IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080005410 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his reentry (RE) code be changed to one that will enable him to enlist.

2.  The applicant states that after completing basic combat training on 7 February 2006, he was notified of his grandfather’s death on 10 February 2006.  His father was emotionally destroyed when his mother walked out on them, but his grandfather was there for him and was the closest person to him during that time. His grandfather being an ex-Navy Seal, his father ex-Navy and now just finishing Special Forces, the military runs in his family.  His father always raised him to quit nothing he started until it was finished.  

3.  The applicant stated that when he arrived home he went straight to his grandmother.  Seeing her so emotionally destroyed and upset, it reminded him of his dad and how his dad had nobody but the applicant to talk to when his mom left them.  He told his grandmother he would be there for her.  After the funeral, it was very hard for him to shake off everything that just happened.  He just lost one of the most important people in his life, and he realized that he needed to get back into a completely different mind set.  He knew he was not thinking clearly, and it was the wrong decision to make, to avoid dealing with the stress of returning to complete military training.  He became frustrated and upset over not returning and felt that he had ruined his life by not being able to focus on his military duty.  He knows he can make a good Soldier and do his part.  All his life he has wanted to work in law enforcement, and being a military police would be a great foundation toward his career path.

4.  The applicant provides his separation orders and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 26 January 1987.  He enlisted in the Regular Army on 22 November 2005.  He completed basic combat training. 

2.  On 15 February 2006, the applicant departed absent without leave (AWOL) after failing to return from emergency leave.  On 7 October 2006, he was apprehended by civil authorities.  

3.  On 16 October 2006, court-martial charges were preferred against the applicant charging him with being AWOL from on or about 15 February 2006 to on or about 7 October 2006. 

4. On 16 October 2006, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation     635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  He acknowledged that he was making the request of his own free will and had not been subjected to any coercion whatsoever by any person.  He acknowledged that by submitting the request for discharge that he was guilty of the charge(s) against him or lesser included offenses(s) contained therein which also authorized the imposition of a bad conduct or dishonorable discharge.  He stated that under no circumstances did he desire further rehabilitation, for he had no desire to perform further military service.  He was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He elected not to submit a statement in his own behalf.

5.  On 3 November 2006, the appropriate authority approved the request and directed the applicant receive a discharge under other than honorable conditions.

6.  On 22 November 2006, the applicant was discharged, with a discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial.  He had completed 4 months and 9 days of creditable active service and had         233 days of lost time.  He was given a separation code of KFS (voluntary discharge under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial).

7.  Army Regulation 635-200 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.  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 U.S. 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.  RE code 4 applies to persons not qualified for continued Army service, and the disqualification is not waivable.  

10.  The Separation Program Designator (SPD) Code/Reentry (RE) Code Cross Reference Table states that when the separation code is KFS then RE code       4 will be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been carefully considered.  However, he was AWOL for over 7 months, and it was his decision to elect discharge in lieu of trial by court-martial, stating he had no desire to perform further military service.

2.  Based upon the circumstances of this case, the applicant was properly issued an RE code of 4 and there is insufficient evidence to show why it should be changed.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  ___xx___  __xx____  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.




 _    ______xxxx____________
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080005410





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ABCMR Record of Proceedings (cont)                                         AR20080005410



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