IN THE CASE OF:	 

		BOARD DATE:	  29 January 2009

		DOCKET NUMBER:  AR20080016932 


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 eligibility (RE) code be changed.

2.  The applicant states he wants to rejoin the Army.  He outlines what caused him to go absent without leave (AWOL).  The applicant explains that he brought his wife and dog with him to his Advanced Individual Training at Fort Eustis, Virginia, only to be told that his wife and dog weren't supposed to be with him.  While trying to rectify the situation, his wife, who is bipolar, had a breakdown.  He then brought his wife and dog to his wife's mother's house in Arkansas, which caused him to be AWOL.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and letters of recommendation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 
30 May 2007.

2.  While in initial entry training, the applicant departed AWOL on 12 August 2007 and was apprehended by civilian authorities on 2 December 2007.

3.  On 14 December 2007, the applicant voluntarily requested discharge in lieu of court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10 because of charges that had been preferred against 
him under the Uniform Code of Military Justice, each of which authorizes the imposition of a bad conduct or dishonorable discharge.  He acknowledged that he was making the request of his own free will and that he had been advised of the implications that are attached to it.  He acknowledged that by submitting the request for discharge that he was guilty of the charge against him or of (a) lesser included offense(s) therein contained which also authorizes the imposition of a bad conduct discharge or dishonorable discharge.  He indicated that under no circumstances did he desire further rehabilitation, for he had no desire to perform further military service.

4.  The applicant acknowledged that he had consulted with counsel for consultation who fully advised him of the nature of his rights under the Uniform Code of Military Justice.  The applicant further acknowledged he understood that if his discharge request was approved, he may be discharged under conditions other than honorable and that he would be deprived of many or all Army benefits, that he could be ineligible for many or all benefits administered by the Veterans Administration (VA) [now known as the Department of Veterans Affairs], and that he could be deprived of his rights and benefits as a veteran under both Federal and State law.

5.  He also acknowledged that there is no automatic upgrading or review by any Government agency of a less than honorable discharge and that he must apply to the Army Discharge Review Board or the Army Board for Correction of Military Records if he wished a review of his discharge.  He further acknowledged that the act of consideration by either board did not imply that his discharge would be upgraded.

6.  Thereafter, the commander recommended approval of the applicant's request for discharge, and on 19 February 2008 the applicant's request for discharge in lieu of trial by court-martial was approved by the appropriate authority.

7.  Accordingly, on 10 March 2008 the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, Discharge in Lieu of Trial by Court-Martial.  The DD Form 214 the applicant was issued shows his service was uncharacterized.  He was assigned a separation program designator (SPD) of KFS and an RE code of RE-4.

8.  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 (Active and Reserve Components Enlistment Program) 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.  Table 3-1 of the regulation states that RE-4 applies to persons separated from their last period of service with a nonwaivable disqualification.

9.  The SPD/RE codes cross-reference table states that Army Regulation 
601-210 determines Regular Army and U.S. Army Reserve reentry eligibility and provides regulatory guidance on the RE codes.  This table provides instruction for determining the RE code for Active Army Soldiers, as well as Reserve Component Soldiers separated for cause and physical disability.  The table shows that the SPD KFS is to be assigned an RE-4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was AWOL for 112 days and he requested discharge in lieu of court-martial.  As such, his discharge was warranted and processed in accordance with the applicable regulation.

2.  The SPD cross-reference table states that the applicant was to be assigned an RE-4 based on the reason for his discharge.  As such, his RE code of RE-4 was properly assigned to him.

3.  While the applicant provides a compelling story explaining why he went AWOL, his story does not explain why he remained AWOL for 112 days and only returned to duty when he was apprehended by civilian authorities.

4.  While the applicant's desire to enlist in the Army is commendable, there is no basis for changing a properly assigned RE code.

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)                                         AR20080016932





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ABCMR Record of Proceedings (cont)                                         AR20080016932



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