BOARD DATE:	 3 September 2009 

		DOCKET NUMBER:  AR20090006590 


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 on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 May 2006.

2.  The applicant states that he was 18 years old when he entered the U.S. Army and he started hanging around with the wrong crowd shortly after completing boot camp.  He is now 22 years old and has started a family which has given him a better outlook on things and has affected his judgment for the better.  He states that having an under other than honorable discharge has made it difficult to find decent employment to support his family.  He would like to have his RE code changed to reenter the military to complete his obligation and earn an honorable discharge.

3.  The applicant provides no additional documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20  April 2005 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Infantryman).

2.  On 15 October 2005, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for disobeying a lawful order from a superior noncommissioned officer.

3.  On 27 October 2005, the applicant accepted NJP under Article 15, UCMJ, for failure to be at his appointed place of duty, disobeying a lawful order from a superior commissioned officer, and being drunk on duty.

4.  A DD Form 458 (Charge Sheet), dated 22 March 2006, shows charges were preferred against the applicant for:

	a.  Charge I - specification 1, being absent without leave (AWOL) for the period 23 December 2005 through 9 January 2006; specification 2, failure to be at his appointed place of duty on 22 November 2005; and specification 3, failure to be at his appointed place of duty on 22 December 2005;

	b.  Charge II - wrongfully consuming alcohol while underage;

	c.  Charge III - specification 1, wrongfully using marijuana; specification 2, wrongfully using cocaine; and specification 3, wrongfully using ecstasy; and 

	d.  Charge IV - specification 1, breaking restriction on 26 November 2005; and specification 2, breaking restriction on 22 December 2005.

5.  On 17 April 2006, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations).  The applicant indicated in his request that he understood he could be discharged under other than honorable conditions, that he may be deprived of many or all Army benefits, that he may be ineligible for many or all benefits administered by the Department of Veterans Affairs, and that he may be deprived of his rights and benefits as a veteran under both Federal and State law.  He also acknowledged that he may expect to encounter substantial prejudice in civilian life.  He elected not to provide statements on his own behalf.

6.  On 9 May 2006, the appropriate authority approved the applicant's request for discharge for the good of the service.  He directed that the applicant be issued an under other than honorable conditions discharge.

7.  On 17 May 2006, the applicant was discharged and was issued an under other than honorable conditions characterization of service under the provisions of chapter 10 of Army Regulation 635-200.  He had completed 1 year and 12 days of creditable active service with 17 days of lost time due to AWOL.  The applicant's DD Form 214 shows in item 26 (Separation Code) the entry "KFS."  Item 27 (Reentry Code) of this DD Form 214 shows the entry "4."

8.  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, at any time after the charges have been preferred, 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. 
An under other than honorable conditions discharge is normally considered appropriate.

9  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. 
The SPD code of KFS was the appropriate code for the applicant based on the guidance provided in this regulation for Soldiers separating under the provisions of chapter 10, Army Regulation 635-200, by reason of in lieu of trial by court-martial.  Additionally, the SPD/RE Code Cross Reference Table establishes RE-4 as the proper reentry code to assign to Soldiers with an SPD of KFS.

10.  Army Regulation 601-210 (Regular Army and Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Paragraph 3-22 of the regulation states that RE-4 code applies to persons separated from the last period of service with a nonwaivable disqualification.

DISCUSSION AND CONCLUSIONS:

The applicant contends that he needs his RE-4 code changed on his DD Form 214 in order to reenter the military.  However, the ABCMR does not change records solely to allow former Soldiers to reenter the service.  The evidence of record confirms that the applicant’s separation processing was accomplished in accordance with the applicable regulations to include the RE-4 code assignment.  Lacking independent evidence to the contrary, it is determined that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the assigned RE-4 code was appropriate.


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)                                         AR20090006590



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ABCMR Record of Proceedings (cont)                                         AR20090006590



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