IN THE CASE OF:	  

		BOARD DATE:	  12 November 2008

		DOCKET NUMBER:  AR20080011424 


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 reentry eligibility (RE) Code be change from "RE-4" to "RE-3."

2.  The applicant states, in effect, that he would like to have his RE Code of RE-4 changed to an RE Code of RE-3.  He states that he started basic training in March 2006 and graduated in July 2006.  He wanted to get married, but the officers in his unit did not want him to.  Four months before they were supposed to deploy to Iraq, his squad leader and several sergeants kept coming to his house harassing him and his wife.  He states that he filed an IG (Inspector General) complaint and he was trying to deal with this when he went to mental health “trying to get help to stay in the service.”  He spoke with a chaplain and he tried to talk to the first sergeant and to the company commander.  “They would not let him change units either.”  He left his unit absent without leave (AWOL) for 
30 days and he returned of his own free will.  He was offered confinement or he could receive a general discharge.  He chose the discharge because it seemed like the best thing to do at the time.   

3.  The applicant provides no additional documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 21 March 2006.  He was trained in military occupational specialty (MOS), 11C, Indirect Fire Infantryman.  

2.  Charges were preferred against the applicant on 27 March 2007 for being AWOL from 12 February 2007 to 21 March 2007.  

3.  On 27 March 2007, the applicant consulted with counsel and voluntarily requested discharge, for the good of the service, in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, chapter 10.  In doing so, he acknowledged he understood he could encounter substantial prejudice in civilian life and he could be ineligible for many or all benefits administered by the Department of Veterans Affairs (DVA) if he were issued a under other than honorable conditions (UOTHC) discharge.  He waived his rights and elected not to submit a statement in his own behalf.

4.  On 30 March 2007, the separation authority approved the applicant's request for discharge and directed that he be furnished an UOTHC discharge.  

5.  The applicant was discharged on 20 April 2007.  He had a total of 
11 months and 19 days of creditable service and 41 days of time lost due to being AWOL.

6.  Item 26 (Separation Code) of the applicant's DD Form 214 shows the entry "KFS."  Item 27, of the applicant’s DD Form 214, shows the entry "4" and the narrative reason for his separation is, "in lieu of trial by court-martial."

7.  Army Regulation 635-200 sets forth the basic authority for 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.

8.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry 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 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 reentry codes, including RA RE codes.

9.  RE-4 applies to persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualifications such as persons discharged for the good of the service in lieu of trial by court-martial.

10.  RE-3 applies to persons not qualified for continued Army service and personnel who are discharged, but the disqualification is waivable.

11.  The SPD/RE Code Cross Reference Table, dated October 1999, provides instructions for determining the RE Code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  Those individuals who are separated and who have been given an SPD Code of "KFS" will be identified with an RE Code of RE-4.

12.  Army Regulation 635-5-1, in effect at that time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation code to be used for these stated reasons.  The regulation shows that the separation code "KFS," as shown on the applicant's DD Form 214, is appropriate for a discharge when the narrative reason for discharge is "voluntary," in lieu of trial by court-martial.  The authority for discharge under this separation code is Army Regulation 635-200, Chapter 10.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's discharge on 20 April 2007 appears to have been accomplished in compliance with applicable regulations.

2.  The evidence shows the applicant was voluntarily discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial.  The separation code of "KFS" and RE Code of 
RE-4 were entered in their appropriate spaces on the DD Form 214 and the narrative reason for his discharge is shown to be "in lieu of trial by court-martial."

3.  The applicant has provided no evidence to show that either his RE Code or separation code is improper or inequitable or should be changed.

4.  The applicant's separation code of "KFS" and his RE Code of RE-4 were appropriate at time of separation and they are still appropriate.

5.  The applicant's contentions were considered; however, they do not support a change in his RE Code.

6.  In view of the circumstances in this case, the applicant has submitted neither probative evidence nor a convincing argument in support of his request and he has not shown error, injustice, or inequity for the relief, he now seeks.  


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)                                         AR20080011424



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011424



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1