IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100014439 


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 from a “4” to a more favorable code.

2.  The applicant states he made the worse decision of his life when he decided to go absent without leave (AWOL) on 8 May 2007.  He contends that due to a gunshot wound, his drill sergeants told him he would not be able to perform his duties and he needed to wait for medical clearance.  He was told this clearance could take up to 4 to 6 months.  At the time, this did not make sense to him because basic training was only 3 months. 

3.  He claims to have become impatient and in turn, decided to go AWOL.  After he realized what he did and the fact that he lost his wife and family because of his poor decision, he turned himself in on 22 June 2007 at Fort Sill, OK.  He wants to be able to reenter military service and protect his country again, if given the chance.

4.  The applicant provides a copy of a DA Form 31 (Request and Authority for Leave) for the period 29 June 2007 through an indefinite date.

CONSIDERATION OF EVIDENCE:

1.  The evidence shows the applicant enlisted in the U.S. Army Reserve (USAR), Delayed Entry Program (DEP) on 18 April 2007 for a period of 8 years.  He was


discharged from the USAR DEP on 30 April 2007 and on 1 May 2007 he enlisted in the Regular Army for a period of 3 years.

2.  Item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was not awarded a military occupational specialty (MOS).

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was not awarded any military service awards and his record does not contain any acts of valor, significant achievement, or service warranting special recognition.

4.  Item 14 (Military Education) of his DD Form 214 shows he was not credited with completion of any military training.

5.  Item 29 (Dates of Time Lost During This Period) of his DD Form 214 shows he had lost time under Title 10, U.S. Code, section 972 during the period 11 May through 25 June 2007 for a total of 46 days.

6.  A DD Form 458 (Charge Sheet), dated 27 June 2007, shows a court-martial charge was preferred against the applicant for violating Article 86 of the Uniform Code of Military Justice (UCMJ) for being AWOL from 11 May 2007 through
25 June 2007.  After consulting with legal counsel, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial.  He also requested to be placed on voluntary excess leave pending disposition of his discharge request.  His leave request was subsequently approved and he was placed on excel leave status effective 29 June 2007.

7.  On 24 September 2007, the separation authority approved the applicant's request for voluntary discharge under the provisions of Army Regulation
635-200, chapter 10.  The separation authority directed the applicant's separation with an uncharacterized discharge

8.  The applicant was accordingly discharged on 11 October 2007.  The DD Form 214 he was issued shows he was separated under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  The character of the applicant's service was described as uncharacterized.  The separation code of "KFS" and an RE code of 4 was applied to the applicant's DD Form 214.


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 states, in pertinent part, that the SPD code KFS is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 10, by reason of in lieu of trial by court-martial.  The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of KFS.

10.  Army Regulation 635-200 sets forth the policy for the separation of enlisted personnel.  It 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change his RE code from “4” to a more favorable code was carefully considered and determined to be without merit.

2.  The evidence shows the applicant had 45 days of time lost due to AWOL.  On his return to military control, court-martial charges were brought against him for this unauthorized absence.  After consulting with counsel he submitted a request for voluntary separation under the provisions of Army Regulation
635-200, chapter 10, in lieu of trial by court-martial.

3.  The applicant's request for voluntary discharge was approved and the type of discharge directed and the reason for his discharge were appropriate, considering all of the facts of the case.

4.  Upon his separation, his DD Form 214 showed he was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  The SPD code of "KFS" and an RE code of 4 were applied to his DD Form 214.

5.  The applicant's separation code, "KFS," is consistent with the reason for his discharge.  The RE code entered on his DD Form 214 is consistent with the SPD code; therefore, the applicant is not entitled to a change to his RE code.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100014439



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100014439



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1