IN THE CASE OF:	  

		BOARD DATE:	        7 October 2008

		DOCKET NUMBER:  AR20080010534 


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, in effect, that his under other than honorable conditions discharge and his Reentry (RE) Code be upgraded to a more favorable status that will allow him to reenter the Army. 

2.  The applicant states, in effect, that he desires an upgrade of his discharge and RE Code so that he can again enlist.  He goes on to state that in outprocessing from Fort Knox, Kentucky, he took the opportunity to go back in and they were unjust in sending him home.  He further states that he is ready to serve his country to the fullest.  He also states that he was wrong to leave the Army when he did but since then he has come close to graduating from Vincennes University and is now selling water softeners.

3.  The applicant provides no additional documents with his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 14 June 1984 and enlisted in the Regular Army in the pay grade of E-3 on 12 January 2006 for a period of 3 years, training as a parachute rigger, and a $10,000 cash enlistment bonus.  

2.  He completed his basic combat training at Fort Jackson, South Carolina and was transferred to Fort Lee, Virginia on 25 March 2006 to begin his advanced individual training (AIT).  He was transferred to Fort Benning, Georgia on 21 April 
2006 for his basic airborne training.  However, it appears that he did not complete his airborne training and was transferred to another company at Fort Benning to undergo infantry AIT.  

3.  On 23 June 2006 he went absent without leave (AWOL) and remained absent until 4 July 2006.  He again went AWOL on 14 July 2006 and remained absent in desertion until he surrendered to military authorities at Fort Benning on 14 September 2006 and was transferred to Fort Knox on 15 September 2006, where charges were preferred against him for the AWOL offenses.  

4.  On 18 September 2006, after consulting with counsel, the applicant submitted a request for 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 his request he indicated that he was making the request of his own free will, without coercion from anyone, and that he was aware of the implications attached to his request.  He also admitted that he was guilty of the charges against him or of lesser included offenses which authorized the imposition of a bad conduct or dishonorable discharge.  He acknowledged that he understood that he could receive a discharge under other than honorable conditions and that he might be deprived of all benefits as a result of such a discharge.  He also elected not to submit a statement in his own behalf.  

5.  The appropriate authority approved his request and directed that he be discharged under other than honorable conditions.

6.  Accordingly, on 25 October 2006, while on excess leave status, he was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served  7 months and 2 days of total active service and had 71 days of lost time due to AWOL.

7.  The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 27 Dec 2006 and on 15 February 2008 the ADRB voted unanimously to deny his request.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the 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 charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and they must indicate that they have been briefed and understand the consequences of such a request as well as the discharge they might receive.  A discharge under other than honorable conditions is normally considered appropriate.

9.  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 processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.

10.  RE-4 indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification.  The applicable regulations direct that an RE Code of “4” be issued for an SPD of “KFS,” which indicates separation in lieu if trial by court-martial.

DISCUSSION AND CONCLUSIONS:

1.  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 courtmartial, was administratively correct and in conformance with applicable regulations.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

3.  After being afforded the opportunity to assert his innocence before a trial by court-martial, he voluntarily requested a discharge for the good of the service in hopes of avoiding a punitive discharge and having a felony conviction on his record.   

4.  The applicant’s contentions of good post-service conduct have been noted; however, that alone is not sufficiently mitigating to warrant an upgrade of his discharge and/or RE Code, when considering his overall undistinguished record of service, which simply does not rise to the level of honorable service.

5.  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.
 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  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.



      _________X_____________
               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)                                         AR20080010534



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ABCMR Record of Proceedings (cont)                                         AR20080010534



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