IN THE CASE OF:	

		BOARD DATE:	  23 December 2008

		DOCKET NUMBER:  AR20080015684 


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 RE-4 be changed to 
RE-3 or RE-2.

2.  The applicant states that his daughter was being adopted and he was contacted 24 hours before the court date.  He states he went AWOL to try to make the court date.  He just wants to finish his career.  

3.  The applicant provides a supplemental letter; his DD Form 214 (Certificate of Release or Discharge from Active Duty); and a letter from the Illinois Department of Children and Family Services, dated 20 August 2008.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 June 2005.

2.  His service personnel records contain a DD Form 616 (Report of Return of Absentee), dated 18 January 2007, which shows he was AWOL on 16 May 2006 and was apprehended by civilian authorities on 18 January 2007.  

3.  His service personnel records contain an incomplete DD Form 458 (Charge Sheet), which shows he was charged for being AWOL from 11 August 2005 to 15 May 2006 and from 16 May 2006 to an undetermined date.  


4.  The applicant's discharge packet is not available.  However, his DD Form 214 shows he was discharged on 7 May 2007 under the provisions of Army Regulation 635-200, chapter 10 for the good of the service - in lieu of trial by court-martial with issuance of an under other than honorable conditions discharge (UOTHC) .  He completed 5 months of active military service with 1 year, 5 months, and 14 days of lost time.  He was discharged with a separation code of "KFS" (For the Good of the Service - In Lieu of Trial by Court-Martial) and issued an RE code of 4.

5.  His DD Form 214 shows two periods of lost time under Title 10, U.S. Code 972, from 11 August 2005 through 14 May 2005 and from 16 May 2006 through 25 January 2007.

6.  The applicant provided a letter from the Illinois Department of Children and Family Services which indicates that a Termination Hearing was held in Juvenile Court in Marion County, Salem, Illinois on 13 July 2006.  The hearing was regarding the applicant's parental rights to his child.  The letter indicates the applicant's participation in and presence at that hearing was important and necessary.  

7.  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 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.  

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons.  The regulation shows that SPD “KFS” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “In Lieu of Trial by Court-Martial” and that the authority for discharge under this SPD is “AR 635-200, chapter 10.” 

9.  Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), in effect, at the time, established RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 10 for the good of the service.


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 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.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant stated that he went AWOL because his daughter was being adopted and he wanted to make the court date.  He contended that he was contacted only 24 hours before the court date.  

2.  The letter provided by the applicant shows that a Termination Hearing was held in Juvenile Court in Marion County, Salem, Illinois on 13 July 2006.  His service records show he was AWOL from 11 August 2005 through 14 May 2006 and a second time from 16 May 2006 through 25 January 2007.  Therefore, there is no evidence of record to substantiate his claims.  

3.  In the absence of the applicant's chapter 10 discharge proceedings, 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, is presumed to have been administratively correct and in conformance with applicable regulations.

4.  The applicant’s DD Form 214 shows he was discharged with an SPD of “KFS” (In Lieu of Trial by Court-Martial) and was assigned an RE code of “4” in accordance with the governing regulation in effect at the time.

5.  The RE code of "4" issued to the applicant is not waivable and does not allow him to continue Army service.

6.  The applicant's contentions have been noted.  However, he has failed to show through the evidence submitted or the evidence of record that the RE code issued to him was administratively incorrect, in error, or unjust.  



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)                                         AR20080015684



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ABCMR Record of Proceedings (cont)                                         AR20080015684



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