IN THE CASE OF:	

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080012881 


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 her Reentry Code (RE Code) be changed to a "3."

2.  The applicant states, in effect, that her RE Code needs to be changed from a "4" to a "3."

3.  In support of her request, the applicant provides pages 1 and 4 of her 
DD Form 214, Certificate of Release or Discharge from Active Duty; a copy of orders reassigning her to the transition point, with a reporting date of 14 January 2008; and a copy of a letter she was issued, Subject:  Letter of Debarment, dated 9 January 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted in the US Army Reserve, Delayed Enlistment Program, on 24 February 2007.  On 8 March 2007, she enlisted in the Regular Army for 4 years.

2.  The applicant's duty status was changed by her unit of assignment, Company A, 232d Medical Battalion, Fort Sam Houston, Texas, from present for duty to absent without leave (AWOL), effective 1920 hours, 2 August 2007.  Section IV (Remarks), of the DA Form 4187, Personnel Action, that was prepared contains 

the following statement:  "Soldier was released from military authorities to return to unit but never returned."  The applicant was dropped from the rolls of the organization on 2 September 2007.

3.  The applicant's "discharge packet" is not in the available record and is therefore not available for the Board's review.  However, a completed DD Form 214 shows she was discharged with an uncharacterized discharge, in the rank and pay grade of Private, E-1, on 14 January 2008, under the provisions of Army Regulation (AR) 635-200, chapter 10, in lieu of trial by court-martial.  The applicant's DD Form 214 also shows she was given a separation code of "KFS" and RE Code of "4." 

4.  On the date of her discharge, the applicant had completed 7 months, and 6 days creditable active military service, with lost time for the periods 24 July 2007 through 1 August 2007 and from 2 August 2007 through 25 September 2007.

5.  AR 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, at any time after the charges have been preferred, 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, but the separation authority may direct a general discharge or an honorable discharge if such is merited by the Soldier's overall record and if the Soldier's record is so meritorious that any other characterization clearly would be improper.

6.  AR 635-5-1 prescribed the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, the separation program designator (SPD) codes to be entered on DD Form 214 (Certificate of Release or Discharge from Active Duty).  SPDs are three-character alphabetic combinations that identify reasons for and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.

7.  The regulation shows that the separation code "KFS," as shown on the applicant's DD Form 214, is appropriate for discharge when the narrative reason for discharge is "for the good of the service in lieu of court-martial" and the authority for discharge is "AR 635-200, chapter 10."



8.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  This table shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  The Soldier's file and other pertinent documents must be reviewed in order to make a final determination. The SPD/RE Code Cross Reference Table shows the SPD code "KFS" has a corresponding RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record, the applicant must show, 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. 

2.  The evidence shows the applicant absented herself without authority and was dropped from the rolls of her unit.  She was apprehended by civilian authorities and was returned to military control.  After her return to military control, court-martial charges were preferred against her for her unauthorized absence.  Rather than face trial by court-martial and prove her innocence, she voluntarily applied for a discharge in lieu of trial by court-martial under the provisions of AR 635-200, chapter 10.

3.  The applicant's request for discharge was approved and she was discharged accordingly.  When discharged, the character of service was characterized as uncharacterized.  The applicant's DD Form 214 shows she was assigned a separation code of "KFS" and RE Code of "4." 

4.  The applicant's allegation that her RE Code should be changed from "4" to a "3" is without merit.  The SPD/RE Code Cross Reference Table shows the SPD code "KFS" has a corresponding RE code of "4."

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)                                         AR20080012881



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ABCMR Record of Proceedings (cont)                                         AR20080012881



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