IN THE CASE OF:	  

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090015006 


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 change of his reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
25 November 2008.

2.  The applicant states that he is looking forward to enlisting in the Army and carrying out his obligations as a service member of the U.S. Armed Forces.

3.  The applicant provides his DD Form 214 and Headquarters, U.S. Army Armor Center, Fort Knox, KY, Orders 326-0167, dated 21 November 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 19 November 2007.  He successfully completed basic training; however, he did not complete advanced individual training.

2.  On 7 May 2008, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for:

* being absent without leave (AWOL) for the period 13 April 2008 through 28 April 2008

* two specifications of disobeying a lawful order from a superior non-commissioned officer (NCO)

* wrongfully possessing lighter fluid in his wall locker

* wrongfully possessing caffeine tablets in his wall locker

3.  A DD Form 458 (Charge Sheet), dated 10 September 2008, shows charges were preferred against the applicant for being AWOL from 18 May 2008 through 3 September 2008.

4.  On 11 September 2008, after consulting with counsel, the applicant voluntarily submitted a request for discharge under the provisions of Army Regulation
635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10, for the good of the service in lieu of trial by court-martial.  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 in his own behalf.

5.  On 28 October 2008, 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.

6.  On 25 November 2008, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, with service characterized as under other than honorable conditions.  He completed 8 months and 6 days of creditable active service with 71 days of lost time due to AWOL.  The applicant's DD Form 214 shows in item 26 (Separation Code) the entry "KFS" and in item
27 (Reentry Code) the entry "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.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.


8  Army Regulation 635-200 further states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted. 

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

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 Army Regulation 635-200, chapter 10, 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.

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)                                         AR20090015006



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ABCMR Record of Proceedings (cont)                                         AR20090015006



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