IN THE CASE OF:	  

		BOARD DATE:	       19 MAY 2009

		DOCKET NUMBER:  AR20090002952 


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 upgraded. 

2.  The applicant states he wants to rejoin the Army.  He states, in effect, that the RE code was not unjust.  He has, however, learned from his mistakes and would like to reenlist in the Army.

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

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Regular Army for 4 years on 22 June 2006.  He enlisted for training in military occupational specialty 11B (Infantry).

2.  The applicant was assigned to Fort Wainwright, AK.  What is known of his service at Fort Wainwright is that he absented himself from his unit on or about 0100 hours, 4 January 2007, and remained absent until he surrendered to military authorities at Fort Knox, KY, on or about 1200 hours, 23 May 2007.

3.  The applicant was assigned to Company A, 4th Battalion, 23rd Infantry, Fort Wainwright, AK.  On 31 May 2007, he was formally charged with being absent without leave.  On 31 May 2007, he consulted with counsel and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial.  He stated that he acknowledged he was guilty of the charge against him which authorized the imposition of a bad conduct or dishonorable discharge and that he did not desire rehabilitation, nor had he any desire for further military service.  He stated that he understood the nature and consequences of the under other than honorable conditions (UOTHC) discharge he might receive.  He declined to submit a statement in his own behalf.

4.  The applicant’s request was forwarded through command channels to the approving authority who, on 19 July 2007, approved his request for discharge and directed he receive a UOTHC discharge.

5.  On 3 August 2007, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10 for the good of the service – in lieu of trial by court-martial with issuance of an UOTHC.  

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, 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.  A discharge UOTHC is normally considered appropriate.

7.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the separation program designator “KFS” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “For the Good of the Service – In Lieu of Trial by Court-Martial” and that the authority for discharge under this separation program designator is “AR 635-200, Chapter 10.”

8.  Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), in effect, at the time, established RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, Chapter 10 for the good of the service.

9.  Pertinent Army regulations provide that prior to discharge or release from active duty Soldiers 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 Army.  Pertinent chapters include a list of Armed Forces RE codes.  RE-4 applies to individuals who are ineligible to reenter the Army.

10.  RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests a change in his RE code.

2.  The applicant voluntarily requested separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial.  His request was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.  Based on the reason for separation, he was given SPD KFS (In Lieu of Trial by Court-Martial) and given RE code 4.

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

4.  The applicant’s RE code is correct for the authority and reason for his discharge.

5.  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.



      ___________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)                                         AR20090002952



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ABCMR Record of Proceedings (cont)                                         AR20090002952



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