IN THE CASE OF:	  

		BOARD DATE:  21 August 2012

		DOCKET NUMBER:  AR20120003186


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 eligibility (RE) code.

2.  The applicant states he would like his RE code changed because he would like to rejoin the military.  He further states:

* while he was going through the discharge process, he felt he was left without answers and a conclusion based on his thoughts and feelings
* he felt like the person involved in the process made the decisions for him without his consent
* he would still be in the military if it was not for this because he would have done anything possible to stay in – it was what he loved doing and he wanted an Army career
* he would love a second chance to prove to everyone he could succeed and show everyone he was meant to be a part of the military
* when he served, he felt like he was wanted and he belonged somewhere, which made him happy – if he could rejoin it would mean the world to him

3.  The applicant provides no additional documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 9 August 2007.  He completed training and he was awarded military occupational specialty 92A (Automated 

Logistical Specialist).  Upon the completion of his initial entry training, he was assigned to the 623rd Quartermaster Company, Fort Bragg, NC.

2.  On 21 April 2008, he was reported by his unit for failing to report (FTR) for duty.  On 22 April 2008, his unit updated his duty status from FTR to absent without leave (AWOL).  On 24 April 2008, he returned to his unit.

3.  On 8 May 2008, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for being AWOL from on or about 21 April 2008 to on or about 24 April 2008.

4.  On 29 July 2008, he was reported by his unit for FTR for duty.  On 30 July 2008, his unit updated his duty status from FTR to AWOL.  On 31 August 2008, his unit again updated his duty status from AWOL to dropped from the rolls (DFR) of his unit.  On 30 September 2008, he returned to his unit.

5.  On 22 October 2008, court-martial charges were preferred against him for being AWOL from on or about 30 July 2008 to on or about 30 September 2008.

6.  On 27 October 2008, he consulted with legal counsel and he was advised of the basis for the contemplated trial by court-martial for an offense punishable by the imposition of a punitive discharge, the maximum permissible punishment authorized under the UCMJ, the possible effects of a request for discharge, and of the procedures and rights that were available to him.  Following consultation with legal counsel, he requested discharge in accordance Army Regulation
635-200 (Active Duty Enlisted Administrative Separations), chapter 10, for the good of the service - in lieu of trial by court-martial.

7.  In his request for discharge, he indicated he was making this request of his own free will and he had not been subjected to any coercion whatsoever by any person.  He also indicated he understood that by requesting discharge, he was admitting guilt to the charges against him or of a lesser included offense that also authorized the imposition of a punitive discharge.  He further acknowledged he understood if the discharge request were approved, he could be deprived of many or all Army benefits, that he could be ineligible for many or all benefits administered by the Department of Veterans Affairs (VA), and that he could be deprived of his rights and benefits as a veteran under both Federal and State laws.

8.  On 31 October 2008, the separation authority approved his voluntary request for discharge in accordance with Army Regulation 635-200, chapter 10, in lieu of a court-martial and directed he receive undesirable discharge.
9.  On 25 November 2008, he was discharged accordingly.  The DD Form 214 he was issued shows he completed 1 year, 1 month, and 15 days of creditable active service.  Item 26 (Separation Code) of this form shows the entry "KFS" and item 27 (Reentry Code) shows the entry "RE-4."

10.  On 20 September 2010, the applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  On 21 March 2011, after careful review of his application, military records, and all other available evidence, the ADRB determined he was properly and equitably discharge.  Accordingly, his request for upgrade of his discharge was denied.

11.  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.

12.  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 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.

13.  Army Regulation 635-200 further 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 (RA) and the U.S. Army Reserve (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 for enlistment 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 for an upgrade of his RE code was carefully considered; however, there is insufficient evidence to support his request.

2.  Although he contends the decision to discharge him was made without his consent, his available record shows he was charged with the commission of an offense punishable under the UCMJ with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial.  He voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  All requirements of law and regulation were met, and his rights were fully protected throughout the separation process.  Additionally, he stated in his request for discharge that under no circumstances did he desire to perform further military service.

3.  His RE code was assigned based on his voluntary discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  Absent the court-martial charges, there was no fundamental reason for him to request a discharge from the Army.  The underlying reason for his discharge was his voluntary request for discharge in lieu of a court-martial.  The only valid narrative reason for separation permitted under this paragraph is "In Lieu of Court-Martial."

4.  The appropriate SPD code is "KFS" and the corresponding RE code associated with this type of discharge is a "4."  Therefore, he received the appropriate RE code associated with the authority and narrative reason for his separation.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100011935



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ABCMR Record of Proceedings (cont)                                         AR20120003186



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