IN THE CASE OF:	  

		BOARD DATE:	        5 August 2008

		DOCKET NUMBER:  AR20080008970 


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 of 4 be changed to an RE code of 3, 2, or 1.

2.  The applicant states that he forgot to request an RE code upgrade when he requested his discharge upgrade.  He wants to rejoin the Regular Army.  His recruiter told him the steps he had to take to get his RE code upgraded.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and page 4 of his Army Discharge Review Board (ADRB) case report and directive.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the applicant enlisted in the Regular Army on 24 May 2001.  

2.  The applicant served in Afghanistan from 1 November 2001 through 15 March 2002 and in Kuwait/Iraq from 28 February 2003 through 18 January 2004.

3.  On 31 May 2005, court-martial charges were preferred against the applicant charging him with being absent without leave from on or about 21 January 2005 to on or about 24 January 2005; with wrongfully using marijuana from on or about 11 October 2004 to on or about 10 November 2004; and with wrongfully using cocaine from on or about 6 November 2004 to on or about 10 November 2004.

4.  On 31 May 2005, 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 was advised that by submitting this request for discharge he acknowledged that he understood the elements of the offense(s) charged and was guilty of the charge(s) against him or of (a) lesser included offense(s) therein contained which also authorized the imposition of a bad conduct or dishonorable discharge.  He also stated that under no circumstances did he desire further rehabilitation for he had no desire to perform further military service.  The applicant 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 Department of Veterans Affairs benefits.  

5.  There is no record to show the applicant submitted a statement in his own behalf with his request for discharge.  In a previous sworn statement, dated      17 October 2004, the applicant stated he smoked marijuana after the funeral of a very close family member and after being under a lot of stress the past 3 years due to the loss of his first wife and problems with his children.  He also stated he had tried cocaine before (but not when or how often).

6.  On 23 August 2005, the appropriate authority approved the applicant’s request and directed he receive a discharge under other than honorable conditions.

7.  On 8 September 2005, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge under other than honorable conditions.  He was given an RE code of 4 and a separation code of KFS (voluntary discharge under the provisions of Army Regulation 635-200, chapter 10).

8.  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 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.  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.  


9.  On 11 October 2007, the ADRB voted to upgrade the applicant’s discharge to general under honorable conditions.  The ADRB found that the reason for his discharge was both proper and equitable and voted not to change it.

10.  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.

11.  RE code 4 applies to persons not qualified for continued Army service, and the disqualification is not waivable.  

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

DISCUSSION AND CONCLUSIONS:

1.  The fact the ADRB upgraded the applicant’s discharge does not invalidate the reason for his discharge.  

2.  When the applicant requested discharge in lieu of trial by court-martial, he stated that under no circumstances did he desire further rehabilitation for he had no desire to perform further military service.  Based upon the reason for his discharge he was properly given an RE code of 4.  There is insufficient evidence that would warrant granting the relief requested.

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)                                         AR20080008970



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ABCMR Record of Proceedings (cont)                                         AR20080008970



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