IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110012399 


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 his reentry (RE) code “4” be changed to “1” so he can reenlist.

2.  He states that while at Fort Sill, Oklahoma (OK), he received hope that in time he would be allowed to join the Army.  That has been his dream.  He truly believes that if given a second chance he would be a good Soldier.  His priorities have changed since his marriage and the birth of his baby daughter.  He hopes that he can be helped with the right decision to help him become the Soldier he wants to be or to find a civilian job that will support his family.

3.  He provides a copy of his DD Form 214 (Certificate of Release of Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows he enlisted in the Delayed Entry Program on 24 October 2008.  He enlisted in the Regular Army (RA), in pay grade E-2, on 5 November 2008.  He did not complete advanced individual training for award of a military occupational specialty.

2.  He was reported absent without leave (AWOL) on 4 August 2009 and returned to military control on 13 December 2009.

3.  A DD Form 458 (Charge Sheet) shows the Commander, Personnel Control Facility, Fort Sill, OK, charged the applicant with one specification each of being AWOL from 4 August  to 13 December 2009.  

4.  On 17 December 2009, after consulting with counsel, he voluntarily requested discharge under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations - Enlisted Separations), for the good of the service in lieu of trial by court-martial.  In doing so, he acknowledged he had not been coerced with respect to his request for discharge.  He also acknowledged he understood he could be given an under other than honorable conditions (UOTHC) discharge, he could be deprived of many or all Army benefits as a result of the issuance of such a discharge, and he could be ineligible for many or all benefits administered by the Department of Veterans Affairs.  He also waived his rights and elected not to submit a statement in his own behalf.

5.  On 22 December 2009, the applicant's unit commander recommended approval of the applicant’s request with a discharge characterization of UOTHC.

6.  On 20 January 2010, the convening authority approved the applicant's request for discharge for the good of the service - in lieu of trial by court-martial with a UOTHC discharge.

7.  On 8 February 2010, he was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial, with a UOTHC discharge.  He was credited with completing 10 months and 24 days of active service and time lost from 4 August to 13 December 2009.  He was assigned a separation code of KFS and an RE code of 4.

8.  On 13 September 2011, the Army Discharge Review denied his request for an upgrade of his character of service/and or reason for his discharge.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 states a member who committed an offense or offenses for which the authorized punishment included 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.  A discharge UOTHC is normally considered appropriate.  

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  The regulation provides 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.  Chapter 3 includes a list of Armed Forces reentry codes, including RA RE codes.  RE-4 applies to persons separated from the last period of service with a non-waivable disqualification.  Members separated with an RE code of 4 are ineligible for enlistment.  RE-1 applies to persons qualified for enlistment if all other criteria are met.  

11.  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 SPDs to be used for these stated reasons.  This regulation shows the SPD code of “KFS” as shown on his DD Form 214 is appropriate for a voluntary discharge when the narrative reason for separation is “in lieu of trial by court-martial” and the authority for discharge is Army Regulation 635-200, chapter 10. 

12.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows SPD codes with their corresponding RE code.  The SPD code of KFS has a corresponding RE code of 4.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice with a punitive discharge.  He consulted with counsel and voluntarily in writing requested separation from the Army in lieu of trial by court-martial.  In doing so, he admitted the guilt to the stipulated offense.  He was discharged accordingly on 8 February 2010 with a UOTHC discharge.  He was assigned an SPD code of KFS and an RE code of 4. 

2.  In accordance with Army Regulation 601-210, his assigned RE code of 4 is consistent with the SPD/RE code cross reference table for Soldiers discharged in lieu of trial by court-martial.  The evidence also shows he was properly discharged in accordance with pertinent regulations, with due process.  

3.  There is no evidence in the available record and he had provided none to show his assigned RE code of 4 is in error or unjust.  Therefore, he has established no basis for changing his existing RE code.  


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)                                         AR20110012399





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ABCMR Record of Proceedings (cont)                                         AR20110012399



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