MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 May 2002
	DOCKET NUMBER:   AR2002066427

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his reentry eligibility (RE) code be changed from RE-4 to RE-3.

APPLICANT STATES:  That he is still a soldier at heart and wants to make up for his wrongdoings; he is asking for another chance to be a soldier again and wants his RE code changed in order to join the Reserve.  He states that his misconduct was the result of marital/family problems that he did not know how to handle and adds that he sought help from his chain of command and from several chaplains. In support of his application, the applicant submitted a statement in his own behalf and two copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army for 3 years on 17 February 1998.  He enlisted for the Station of Choice Enlistment Option, Fort Hood, Texas.  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 11M, Infantryman, and assigned to Fort Hood as his first permanent duty station.  

On 1 February 2000, the applicant went AWOL (absent without leave) and remained AWOL through 28 September 2000.  On 12 October 2000, court-martial charges were preferred against the applicant for 241 days of AWOL.  

On 13 October 2000, counsel advised the applicant of his rights and the consequences of requesting discharge under the provisions of chapter 10, Army Regulation (AR) 635-200.  On the same date, after being advised by counsel of his rights, the applicant, voluntarily and in writing, requested discharge under the provisions of chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial.  The applicant did not submit a statement in his own behalf.  

On 19 March 2001, the appropriate authority approved the applicant’s request for discharge and directed issuance of a under other than honorable conditions (UOTHC) discharge.  Accordingly, on 4 April 2001, the applicant was discharged from the Army after completing 2 years, 5 months, and 17 days of creditable military service and amassing 241 days of lost time.  His DD Form 214 reflects the narrative reason for separation as "in lieu of trial by court-martial," with a separation code of KFS, and an RE code of RE-4.

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 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.  

Pertinent Army regulations provide 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 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes.  RE-4 applies to persons not qualified for continued Army service.

Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code.  Soldiers separated in lieu of trial by court-martial are issued an RE code of RE-4.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant's contention that he sought assistance from his chain of command and several chaplains to help him solve his marital problems.  However, the evidence of record does not support the applicant's contention, nor has he provided any corroborating evidence to support it.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

3.  The Board carefully reviewed the applicant’s records and determined that his RE code of RE-4 is the appropriate code for his narrative reason for discharge.

4.  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.

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

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___dhp___  ____kan_  ___mhm_  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002066427	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	20010404	
DISCHARGE AUTHORITY	AR 635-200, chapter 10	
DISCHARGE REASON	In lieu of trial by court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.