IN THE CASE OF:	

		BOARD DATE:	11June 2009  

		DOCKET NUMBER:  AR20090001575 


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 (RE) Code be changed from RE-4 to RE-2.

2.  The applicant states, in effect, he would like his RE Code changed to allow him to reenlist in the Army.  He also states that he can meet the physical requirements of the Army.  He further states that he is struggling financially and cannot pay any of his hospital and loan bills.  He was only 18 years of age and his life had only just begun.  The fact that he cannot get back into the Army with an RE-4 is affecting his marriage and family life.  It is almost impossible for him to find a good job, which he needs to support his one-year-old daughter and his wife.  

3.  In support of his application, the applicant provides copies of his Army Physical Fitness Test (APFT) Scorecard, his marriage license, and his loan and wife’s medical bills.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the United States Army Reserve, in pay grade E-1, on 15 November 2007.  

2.  The applicant submits a copy of his APFT scorecard, dated 14 January 2008, that shows he met the Army’s height and weight standards on that date.  He enlisted in the Regular Army, in pay grade E-2, on 7 February 2008.  On the date of his enlistment in the Regular Army, the applicant was 17 years and 5 months of age. 

3.  On 5 March 2008, the applicant was reported absent without leave (AWOL) and was returned to military control on 21 April 2008.  

4.  On 21 April 2008, a DD Form 458 (Charge Sheet) was prepared by the Commander, Personnel Control Facility, Fort Sill, Oklahoma.  The applicant was charged with one specification of AWOL from 5 March to 21 April 2008.  

5.  In a letter, dated 21 April 2008, non-military counsel for the applicant stated that the applicant was seeking a military discharge and was willing to accept an other than honorable discharge in lieu of court-martial and would not be raising any defense.  However, counsel believed that the applicant’s age and family hardship should be seen as mitigation that would justify him being given a general or an uncharacterized entry level separation.  Counsel also stated that the applicant got married in August 2006, when both he and his wife were 16 years of age.  A short time later, the couple was expecting a child.  The applicant considered the Army a good way to provide for his family and enlisted in November 2007.  His daughter was born in December 2007 and he left for basic training in February 2008.  Counsel further stated, in effect, the applicant's daughter became sick and his wife was having serious post-partum depression and having difficulty managing her stress.  His wife began to write him of those problems.  The applicant now understands his decision to leave his unit was not appropriate, but he asked that his decision be seen in light of his family hardship and him being 17 years old when he enlisted.

6.  On 24 April 2008, the applicant, after consulting with military counsel, voluntarily requested discharge in lieu of trial by court-martial under the provisions of Army Regulation 635-200, Chapter 10, for being AWOL.  In doing so, he acknowledged that he might be discharged under other than honorable conditions and furnished an Under Other Than Honorable Conditions Discharge Certificate, and as a result of the issuance of such a discharge, he may be deprived of many or all Army benefits and that he may be ineligible for many or all benefits administered by the Department of Veterans Affairs.  He also acknowledged that trial by court-martial under the circumstances could lead to a bad conduct discharge and the effects of his request for discharge, and the rights available to him.  He waived his rights and elected to submit a statement in his own behalf; however, that statement is not available.

7.  On 2 July 2008, the applicant's company commander recommended approval of the request for the applicant’s separation under the provisions of Army Regulation 635-200, Chapter 10, with an uncharacterized discharge.
8.  On 23 July 2008, the appropriate separation authority approved the applicant’s discharge and directed the issuance of an uncharacterized discharge.

9.  The applicant was discharged, in pay grade E-2, on 15 August 2008, under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial, with an uncharacterized discharge.  He was credited with 4 months and 22 days total active service and lost time from 5 March to 21 April 2008 due to AWOL.  Item 26 (Separation Code), of his DD Form 214 states "KFS” and Item 27 (RE Code) states "RE-4."  

10.  Army Regulation 635-200 (Enlisted Separations), sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the 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 in lieu of trial by court-martial.  A discharge under other than honorable conditions normally is considered appropriate.  

11.  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 Reserve.  The regulation provides 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.  Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment.  This chapter includes a list of Armed Forces reentry codes, including RA RE Codes.  Chapter 3-10, also provides that RE Codes may be changed only if they are determined to be administratively incorrect.  

12.  RE-4 applies to persons separated from the last period of service with a non-waivable disqualification.  Members separated with an RE Code 4 are ineligible for enlistment.  RE-3 applies to persons separated with a waiveable disqualification.  RE-2 is not currently used.  RE-1 means the Soldier is fully qualified for reenlistment.

13.  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 SPDs to be used for these stated reasons.  The regulation shows that the SPD of “KFS” as shown on the applicant’s DD Form 214 is appropriate for voluntary discharge when the narrative reason for discharge is “In Lieu of Trial by Court-Martial” and the authority for discharge is Army Regulation 635-200, Chapter 10. 

14.  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.  It also shows SPD codes with their corresponding RE code.  The Soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of “KFS” has a corresponding RE Code of “4.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant entered on active duty on 7 February 2008 and departed AWOL on 5 March 2008.  He was returned to military control on 21 April 2008.  On the same day his non-military counsel stated the applicant’s age and family hardship should be taken into consideration for his separation with an uncharacterized discharge.  After consulting with military counsel, the applicant requested discharge in lieu of facing a court-martial.  On     23 July 2008, the convening authority approved his request and directed his separation with an uncharacterized discharge.  

2.  There is no evidence of record the applicant requested hardship discharge or compassionate reassignment due to his family problems.  It appears that he just resorted to AWOL as a means of addressing any problems he may have been having.  While his age was considered, there is no evidence the applicant's age impacted his ability to serve successfully.  There is no evidence the applicant was any less mature than other Soldiers of the same or of a younger age who served successfully and completed their term of service.

3.  The evidence also shows the applicant was discharged on 15 August 2008, under the provisions of Army Regulation 635-200, Chapter 10.  An RE Code of "4" was entered on his DD Form 214.  He contends, in effect, his RE Code 4 should be changed on his DD Form 214.  The RE code is consistent with the basis for his separation and in this case there is no basis to correct the existing code.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his discharge which resulted in his receiving a RE Code of RE-4 was in error or unjust.  Therefore, he has established no basis for changing his existing RE Code.

4.  The evidence of record also confirms the applicant’s discharge processing was accomplished in accordance with applicable regulations and that the type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.  

5.  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.




      _______ _ 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)                                         AR20090001575





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ABCMR Record of Proceedings (cont)                                         AR20090001575



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