MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 June 2003
	DOCKET NUMBER:  AR2003089944

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Eloise C. Prendergast		Member	
	Mr. John P. Infante		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 (RE) code be changed from RE 4 to RE 3.

APPLICANT STATES:  That he believes he was improperly given an RE code of 4.  He has no other faults on his record.

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

He enlisted in the Regular Army on 30 June 1999.  He completed basic training and advanced individual training and was awarded military occupational specialty 11H (Heavy Anti-Armor Weapons Infantryman).

On 19 September 2000, court-martial charges were preferred against the applicant charging him with being absent without leave (AWOL) from on or about 4 August 2000 to on or about 15 September 2000.

On 22 September 2000, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation     635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He did not submit a statement in his own behalf.

On 22 September 2000, the applicant was placed on excess leave pending action on his request for a discharge in lieu of trial by court-martial.

In an endorsement forwarding the applicant's request, the company commander noted that the applicant had one record of non-judicial punishment under Article 15, Uniform Code of Military Justice.  The Article 15 is not available.  

On 30 May 2001, the appropriate authority approved the applicant’s request and directed he receive a discharge under other than honorable conditions.

On 30 June 2001, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge under other than honorable conditions.  He had completed        1 year, 10 months, and 19 days of creditable active service and had 42 days of lost time.  He was given an RE code of 4 and a separation code of KFS (voluntary discharge in lieu of trial by court-martial under the provisions of Army Regulation 635-20, chapter 10).

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 at any time after the charges have been preferred, 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 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 U.S. 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, including RA RE codes.

RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.  

The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross Reference Table dated March 2001 states that when the SPD is KFS then RE code 4 will be given.

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.  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.

2.  In view of the fact that applicant was discharged in lieu of trial by court-martial, the assigned reentry code of RE 4 was properly awarded.  The applicant was disqualified from reenlistment and the disqualification is not waivable.

3.  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

___ro___  ___ep___  __ji____  DENY APPLICATION

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

INDEX

CASE ID	AR2003089944	
SUFFIX		
RECON		
DATE BOARDED	20030612	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.