IN THE CASE OF:	  

		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110024468 


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 upgrade of her under other than honorable conditions discharge to an honorable discharge and change of her reentry (RE) code to "3."  

2.  She states she would like to reenter the Army and cannot with the RE code she received under her current discharge.  She states she was not a bad Soldier.  She was in fear of losing a close member of her family.  She panicked and neglected her duties, which she will never be proud of.  She asks for a second chance.  She knows it is possible and that there are others who have reentered who have done much worse.  She was younger then, and now realizes she made a horrible mistake.

3.  She provides her DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 31 January 2006.  Her record shows her date of birth is 23 March 1985.  She was 20 years of age when she enlisted.  

2.  DA Forms 4187-E (Personnel Action) in her record show she was absent without leave (AWOL) from 5 to 8 June 2006.

3.  A DD Form 458 (Charge Sheet) shows she was charged with being AWOL from 10 June 2006 to 20 August 2007.
4.  On 30 August 2007, she consulted with legal counsel, who advised her of the basis for her contemplated trial by court-martial, the maximum punishment authorized under the Uniform Code of Military Justice, the possible effects of a discharge under other than honorable conditions, and of her rights.  

5.  After consulting with counsel, she 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 her voluntary request for discharge, she acknowledged she was guilty of the charge against her or a lesser included offense which authorized the imposition of a bad conduct or dishonorable discharge.  She indicated she understood if her request was accepted she could be discharged under other than honorable conditions.  She further acknowledged she understood that as a result of the issuance of such a discharge, she could be deprived of many or all Army benefits, be ineligible for many or all benefits administered by the Department of Veterans Affairs, be deprived of her rights and benefits as a veteran under both Federal and State law, and encounter substantial prejudice in civilian life.  She elected not to submit a statement in her own behalf.

6.  On 11 October 2007, the separation authority approved her request and directed that she be discharged under other than honorable conditions.  On 2 November 2007, she was discharged accordingly.

7.  Her DD Form 214 shows she completed 6 months and 19 days of net active service.  The form shows in:

* item 24 (Character of Service) - "under other than honorable conditions"
* item 25 (Separation Authority) - "AR 635-200, chap 10"
* item 26 (Separation Code) - "KFS"
* item 27 (RE Code) - "4"

8.  On 15 February 2012, the Army Discharge Review Board informed her her request for a change in the character of and/or reason for her discharge was denied.  

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  

	a.  Chapter 10 provides 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.

	b.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	c.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

10.  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 SPD codes to be used for these stated reasons.  The regulation states separation code "KFS" applies to Soldiers discharged under the provisions of Army Regulation 635-200, chapter 10.

11.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD code of "KFS" will be given an RE code of 4.

12.  Army Regulation 635-200 states 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, U.S. Army Reserve, and Army National Guard.  Table 3-1 provides a list of the RE codes.  RE code "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 evidence of record shows the applicant was charged with and admitted she was guilty of an offense that authorized the imposition of a punitive discharge, and she voluntarily requested discharge for the good of the service in lieu of trial by court-martial.  All requirements of law and regulation were met, and her rights were fully protected throughout the separation process.
2.  Her record shows she was 21 years of age when she went AWOL.  There is no evidence indicating she was any less mature than other Soldiers of the same age who successfully completed military service  

3.  She was AWOL for more than a year.  Based on this record of indiscipline her service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, she is not entitled to a general or an honorable discharge.

4.  RE code "4" is associated with discharges under the provisions of Army Regulation 635-200, chapter 10.  This RE code is properly shown on her DD Form 214.  

5.  Her desire to reenter military service is noted.  However, this desire alone is insufficient reason to change an RE code properly assigned as a result of her voluntary request for discharge in lieu of trial by court-martial.  

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)                                         AR20110024468





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ABCMR Record of Proceedings (cont)                                         AR20110024468



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