IN THE CASE OF:	  

		BOARD DATE:	          20 August 2009

		DOCKET NUMBER:  AR20090005924 


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 correction of appropriate military records to show reentry eligibility (RE) code RE-3 in lieu of RE-4 which would allow enlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude enlistment.

2.  The applicant states that he was told that he would be able to reenter the Army after 6 months and it has been almost 3 years.  He states that when he arrived at advanced individual training he was having financial problems as his wife was spending more than he was making.  He states that being away from his family had become a hardship on him and it started affecting his performance as a Soldier.  He states that his morale went down and he began to get into the trouble.  He states that he explained to his drill sergeant the dramatic change that he was going through and his sergeant tried to help him by sending him to Army Emergency Relief so that his wife could pay the bills.  He states that it helped for a while; however, being young and newly married with kids overwhelmed him and his wife.  He states that his family meant more to him than the Army at that time and all he wanted was to get out the fastest way that he could.  He states that he caught the bus from Fort Lee, Virginia, to Baltimore, Maryland, not realizing how much trouble he would be in when he left.  He states that he stayed absent without leave (AWOL) for 30 days taking care of his family before he turned himself in to officials.  He states that once he got to Fort Lee his command gave him a choice to either stay in or get out and he chose to get out because he was not ready to leave his family and he believed that it was the best thing for his family and him.

3.  The applicant goes on to state that he is now older and he realizes that he made a bad decision.  He states that he did a lot of growing up, that he took some classes at the local community college for criminal law, that he has no violations of the law, and that he has maintained his physical fitness.  He concludes by stating that accountability, hard work, leadership, and dedication are all qualities that were instilled in him during his basic training and that he is confident in saying that he is adequately prepared to handle the challenges that are required of him in the United States Army.

4.  The applicant provides an undated, self-authored letter and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  On 29 March 2006, the applicant enlisted in the Regular Army (RA) in Baltimore, Maryland, for 4 years in the pay grade of E-2.

2.  The applicant went AWOL on 9 July 2006 and he remained absent until 5 August 2006.  He went AWOL again on 15 August 2006 and he remained absent in desertion until he was apprehended by civil authorities and returned to military control on 30 October 2006.

3.  On 2 November 2006, the applicant was notified that charges were pending against him for being AWOL from 15 August 2006 until 30 October 2006.  He acknowledged receipt of the notification on 2 November 2006 and after consulting with counsel he submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations), 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 14 November 2006.  Accordingly, on 6 December 2006 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.  He had completed 4 months and 27 days of net active service and he was furnished an RE-4 code and a separation program designator (SPD) code of KFS.

5.  A review of the available records does not show that the applicant was ever told that he would be able to reenter the Army 6 months after his discharge.

6.  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 RA 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 including RA RE codes.  An RE-4 code applies to a person with a non-waivable disqualification.

7.  The SPD Code/RE Code Cross Reference Table states that when the SPD is KFS then RE Code 4 will be given.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be correct to show an RE code which would allow enlistment.

2.  His contentions have been noted.  However, the applicant was furnished an RE code in accordance with the applicable regulation.  Additionally, there is no evidence in the available record nor has he submitted any evidence to support his contention that he was told that he would be able to reenlist in the Army 6 months after his discharge.

3.  The applicant's records show that he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He was furnished an RE code based on his reason for discharge.  Therefore, there appears to be no basis for removal of those disqualifications which preclude reenlistment.

4.  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.

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)                                         AR20090005924



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ABCMR Record of Proceedings (cont)                                         AR20090005924



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