IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080010390
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 corrected.
2. The applicant states he was told he would be able to reenlist 6 months after his discharge, but when he tried, he was denied reenlistment. He states he only chose to be discharged in order to witness his son's birth.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 22 June 2005 and was sent to Fort Jackson, SC for his initial entry training. One month later, on 22 July 2005, he departed his unit in an absent without leave (AWOL) status. He was declared a deserter on 22 August 2005. On 2 February 2006, he was apprehended by civil police in Flint, Michigan and returned to military control at Fort Knox, Kentucky.
2. On 13 February 2006, the applicant was formally charged with being AWOL. On the same date, he consulted with legal counsel and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. In so doing, he acknowledged he was guilty of the charge against him which authorized the
imposition of a bad conduct or dishonorable discharge, and that he did not desire further rehabilitation, nor had he any desire for further military service. He stated that he understood the nature and consequences of the undesirable discharge that he might receive. He declined to submit a statement in his own behalf.
3. The applicant's request for discharge was positively endorsed through his chain of command to the approving authority. On 21 February 2006, the approving authority approved the applicant's request and directed he be reduced to the lowest enlisted grade [he had never been promoted beyond private (PVT/E-1) and discharged under other than honorable conditions under the provisions of chapter 10, Army Regulation 635-200.
4. 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. A discharge under other than honorable conditions is normally considered appropriate.
5. 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 Army. Chapter 3 prescribes basic eligibility for prior service applicants for enlistment, and includes a list of armed forces RE codes. RE-4 applies to individuals who are ineligible to reenter the Army.
6. 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. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5-1, establishes RE Codes to be assigned for each SPD code. SPD "KFS" is used for RA Soldiers discharged under the provisions of chapter 10, AR 635-200. The SPD/RE Code Cross Reference Table shows that an RE code of RE-4 is the correct code.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served 1 month before going AWOL for 6 months and 11 days. His AWOL ended with his apprehension by civil authorities.
2. The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations. There is no indication that the request was made under coercion or duress.
3. The applicant's request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial and the punitive discharge that he might have received.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
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.
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