IN THE CASE OF:	  .

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090009712 


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 (RE) Code of 4 be changed to permit him to return to military service.

2.  The applicant states, in effect, that when he originally enlisted he “went in way to [sic] fast.”  He states that he has had time to think about what he did and he wants to enlist again.  However, his RE Code will not allow enlistment.  Therefore, he is requesting that his RE code be changed.

3.  The applicant provides a copy of his 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board show the applicant enlisted as a Regular Army Soldier on 16 January 2008 at that age of 19.  He successfully completed basic training and was undergoing advanced individual training at Fort Lee, Virginia when he was reported as absent without leave (AWOL) on 20 July 2008.

2.  On 22 December 2008 a DD Form 458 (Charge Sheet) was prepared charging the applicant with one specification of being AWOL from 20 July to 
11 December 2008.

3.  On 22 December 2008, after consulting with counsel, the applicant voluntarily requested discharge for the good of the service, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10 (in lieu of trial by court-martial).  In doing so, he acknowledged that he could be discharged under other than honorable conditions, and as a result of the issuance of such a discharge, he could be deprived of many or all Army benefits, and that he could be ineligible for many or all benefits administered by the Department of Veteran Affairs.  He elected not to submit a statement in his own behalf and was placed in an excess leave status effective 22 December 2008.

4.  On 10 February 2009, the appropriate authority approved the applicant's request for discharge for the good of the service in lieu of trial by court-martial. 

5.  The applicant was discharged, on 25 February 2009, under the provisions of Army Regulation 635-200, chapter 10, with his service characterized as under other than honorable conditions.  He was credited with 8 months and 19 days of total active service and 143 days of lost time due to being AWOL.  

6.  The applicant’s DD Form 214, item 26 (separation code) contains the entry  “KFS.”  Item 27 (reentry code) contains the entry “4” and item 28 (narrative reason for separation) contains the entry “in lieu of trial by court-martial.”  

7.  Army Regulation 635-200 set forth the basic authority for separation of enlisted personnel.  Chapter 10 of that regulation provided 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.  An under other than honorable conditions discharge is normally considered appropriate.

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Chapter 3 of that regulation prescribes the basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  An RE code 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.

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.  It notes that an SPD code of “KFS” is the appropriate code when the reason for discharge is “in lieu of trial by court-martial.”  Additionally, the SPD/RE Code Cross Reference Table establishes RE Codes to be assigned for each SPD.  This table states that when the SPD is "KFS" then an RE Code of 4 will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for separation is changed.  His narrative reason for separation was based on his voluntary discharge in lieu of trial by court-martial.  His desire to return to military service is admirable; however, it does not serve as a basis to change a reason for separation or an appropriately assigned RE Code.

2.  A SPD code of "KFS" applies to persons who are administratively discharged in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  The SPD/RE Code Cross Reference Table shows that an RE code of 4 is the applicable RE code assigned for individuals discharged in lieu of trial by court-martial.  Therefore, there is no basis for granting the applicant's requested relief in this case.

3.  The applicant's military service records show that he voluntarily requested discharge for the good of the service in lieu of trial by court-martial and acknowledged guilt of the charges against him.  There is no evidence to indicate the applicant's administrative separation was not accomplished in compliance with applicable regulatory guidance and no indication of procedural errors that would have jeopardized his rights.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.

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)                                         AR20090009712



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ABCMR Record of Proceedings (cont)                                         AR20090009712



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