IN THE CASE OF:	  

		BOARD DATE:	        19 MARCH 2009

		DOCKET NUMBER:  AR20080018347 


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, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

2.  The applicant states that she was going through a lot during the period of time that she was discharged.  She states that her daughter had just died and she was depressed.  She states that she wanted to be at home with her only son.

3.  The applicant provides in support of her application, a copy of her daughter's Certificate of Death; and a copy of a letter from Headquarters, United States Army Recruiting Command, addressed to her Representative in Congress dated 15 October 2008, regarding her ineligibility to reenter the Army due to the RE code that she was assigned and informing her that she could submit an appeal to this Board if she believes that the RE code that she was issued is in error.

CONSIDERATION OF EVIDENCE:

1.  On 10 March 2005, the applicant enlisted in the United States Army Reserve (USAR) in Richmond, Virginia, for 8 years, in the pay grade of E-1.  She was advanced through the ranks of private first class/pay grade of E-3.  She entered active duty on 22 March 2005.



2.  The applicant went absent without leave (AWOL) on 4 November 2006 and she remained absent in a desertion status until she was apprehended by civil authorities and returned to military control on 18 March 2007.

3.  On 26 March 2007, the applicant was notified that charges were pending against her for being AWOL from 4 November 2006 until 18 March 2007.  She acknowledged receipt of the notification and, after consulting with counsel, she submitted a request for discharge under the provisions of Army Regulation 
635-200, chapter 10, for the good of the service in lieu of trial by court-martial.

4.  The appropriate authority approved the request for discharge on 16 April 2007 and he directed the issuance of a discharge under other than honorable conditions.

5.  Accordingly, on 2 May 2007, the applicant was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that she was assigned a Separation Program Designator (SPD) code of KFS (in lieu of trial by court-martial) and an RE code of 4.

6.  The Certificate of Death that the applicant submitted in support of her application shows that she gave birth to her daughter on 5 May 2006 and that her daughter died on the same day.

7.  Army Regulation 635-5-1 prescribes the specific reasons for separating Soldiers from active duty and the separation codes to be entered on the DD Form 214.  It provides that when a Soldier’s narrative reason for separation is in lieu of trial by court-martial, a SPD code of KFS will be entered in block 26 of the DD Form 214.

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 (RA) 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, including RA RE codes.  The SPD/RE Code Cross Reference Table provides that when an individual's SPD is "KFS" with a narrative reason for separation of in lieu of trial by court-martial, then an RE code of 4 will be assigned.  An RE code of 4 applies to persons with a non-waivable disqualification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her records should be corrected to show an RE code which would allow her to reenlist.

2.  Her contentions have been considered; however, they are not sufficiently mitigating to warrant relief in this case.  While the available evidence does show that her daughter died on 5 May 2006, she did not go AWOL until 4 November 2006, which was 6 months later.  Additionally, there is no evidence in the available record, nor has the applicant submitted any evidence, that shows she attempted to seek help through her chain of command for bouts of depression that she may have experienced as a result of losing her daughter. 

3.  The applicant went AWOL on 4 November 2006 and she remained absent in a desertion status until she was apprehended by civil authorities on 18 March 2007.  She submitted a request for discharge for the good of the service in lieu of trial by court-martial and she was assigned a SPD code of KFS.  The SPD/RE Code Cross Reference Table provides that when an individual is assigned a SPD code of "KFS" with a narrative reason for separation of “in lieu of trial by court-martial,” an RE code of 4 will be assigned.

4.  The applicant was separated and assigned an RE code in accordance with the applicable regulation.  

5.  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.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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.




      _______ _ XXX  _______   ___
               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)                                         AR20080018347



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ABCMR Record of Proceedings (cont)                                         AR20080018347



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