IN THE CASE OF:	  

		BOARD DATE:	       11 JUNE 2009

		DOCKET NUMBER:  AR20090008903 


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 eligibility (RE) code be changed.

2.  The applicant states, in effect, he is more mature now and realized what a mistake it was to go absent without leave (AWOL) from basic training.  He concludes that without the RE Code changed he may not be able to reenlist.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 November 2006 and did not complete initial entry training.

2.  On 15 January 2007, the applicant departed AWOL and surrendered to military authorities on 21 January 2008.

3.  On 24 January 2008, court-martial charges were preferred against the applicant charging him with being AWOL from 15 January 2007 through 
21 January 2008.

4.  On 25 January 2008, after consulting with legal counsel, the applicant voluntarily requested a 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.  He acknowledged that he was making the request of his own free will and had not been subjected to any coercion whatsoever by any person.  He acknowledged that by submitting the request for discharge that he was guilty of the charge against him or of a lesser included offense contained therein which also authorized the imposition of a bad conduct or dishonorable discharge.  He stated that under no circumstances did he desire further rehabilitation for he had no desire to perform further military service.  He was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He elected not to submit a statement in his own behalf.

5.  On 11 March 2008, the appropriate authority approved the request and directed the applicant receive an uncharacterized discharge.  

6.  On 10 April 2008, the applicant was discharged with an uncharacterized discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He completed 4 months and 21 days of creditable active service and had 372 days of lost time.  The applicant's DD Form 214 shows he was given a separation program designator (SPD) code of KFS (voluntary discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial) and RE Code of "4."

7.  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 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.  

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, including Regular Army RE codes.

   a.  RE–4 applies to persons not qualified for continued service because they were separated from the service with a non-waivable disqualification such as conviction and sentence of a court martial.
	b.  RE-3 applies to persons not qualified for continued Army service and personnel who are discharged, but the disqualification is waivable.

	c.  RE-2 applies to Soldiers being separated before completing a contract period of service whose reenlistment is not contemplated.

	d.  RE-1 applies to persons completing their term of service (ETS) who are considered qualified to reenter the Army, so long as all other qualifications are met.

9.  Army Regulation 635-5-1 prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214.  SPDs are three-character alphabetic combinations that identify reasons for and types of separation from active duty.  

10.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  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.  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.

2.  The applicant was AWOL for over one year and it was his decision to elect discharge in lieu of trial by court-martial.  He also stated he had no desire to perform further military service.

3.  The SPD/RE Code Cross Reference Table shows the SPD code "KFS" has a corresponding RE code of "4."  Therefore, the applicant was properly issued an RE code of "4" and there is insufficient evidence to show that it should be changed.






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)                                         AR20090008903



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ABCMR Record of Proceedings (cont)                                         AR20090008903



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