BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090015094


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 the reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be upgraded.  In effect, he is requesting that his narrative reason for separation be changed.

2.  The applicant states, in effect, he was raised by his grandfather.  When he entered the military his grandfather became ill and he left his unit in an absent without leave (AWOL) status in order to be at his grandfather's side.  His grandfather has now recovered and the applicant wants to resume his military career.  He adds that this time, if his grandfather should become ill, he would be able to handle it.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 15 November 2005.  He arrived at Fort Benning, GA on the same date and he began basic training on 18 November 2005.  On 23 November 2005, he went AWOL.

2.  The applicant remained AWOL until apprehended by civilian authorities at Cincinnati, OH on 9 February 2006.  He was returned to military control on the same date and assigned to the Personnel Control Facility, Fort Knox, KY.


3.  Court-martial charges were preferred against the applicant on 23 February 2006 and, after consulting with legal counsel, he requested separation for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200.  In so doing, he acknowledged that he was guilty of the charge(s) against him.  He stated that he had no desire for rehabilitation or further military service, and he acknowledged he understood the nature and consequences of receiving an under other than honorable conditions discharge.  He declined to submit a statement in his own behalf.

4.  On 2 March 2006, the approving authority granted the applicant's request for discharge in lieu of trial by court-martial with the issuance of an under other than honorable conditions discharge.

5.  The applicant was discharged on 15 March 2006.  His DD Form 214 lists the separation authority as "AR 635-200, Chapter 10" and the narrative reason for separation as "In Lieu of Trial by Court-Martial."  He was assigned a separation program designator (SPD) code of KFS and an RE code of "4."

6.  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.

7.  Army Regulation 635-200 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 Regular Army and the U.S. Army Reserve.  Table 3-1 included a list of the Regular Army Reenlistment Eligibility Codes (RE codes).  An 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.  An 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.  An RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification.

8.  The SPD/RE Code Cross Reference Table shows that when the SPD code is "KFS" an RE code of 4 will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The RE code is assigned based on the nature and circumstances of the discharge.  The applicant was discharged because he went AWOL for 47 days after being in the Army for just 1 week.  He did not return, he was arrested by civilian police and transferred back to military control.  Court-martial charges were preferred against him and he faced a felony conviction and a bad conduct or dishonorable discharge if convicted if convicted.  Instead, he opted to take an under other than honorable conditions discharge.

2.  The applicant’s voluntary request for separation under the provisions of Chapter 10, Army Regulation 635-200, for the good of the service to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  His characterization of service was both proper and equitable and he was appropriately assigned an SPD code of "KFS" and an RE code of 4.

3.  The applicant's request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial and the punitive discharge that he may have received. 

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)                                         AR20090015094



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ABCMR Record of Proceedings (cont)                                         AR20090015094



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