IN THE CASE OF: BOARD DATE: 26 August 2008 DOCKET NUMBER: AR20080008994 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 the Reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge From Active Duty) be changed from RE-4 to a code that will permit reenlistment. 2. The applicant states his enlistment in the Army was a dream come true. However, his father's illness, severe epilepsy, caused him to lose 30% of his brain function and become dependent on caregivers. While in AIT (Advanced Individual Training), he found out his father had lost his housing and no longer had anyone to take care of him. He went AWOL (absent without leave) and took care of his father. He was told to turn himself in at Fort Sill (OK) and he would be sent back to AIT, but instead, he was discharged. He believes he can make a difference and wants to return to the Army. 3. The applicant provides: a. An undated letter to his Member of Congress. b. His DD Form 214. c. A copy of a 2 October 2006 Social Security Administration document requesting he be designated as payee of his father's social security benefits. d. A copy of a 29 August 2007 offer of employment from eHealthInsurance. e. A copy of a note from the applicant's father's physician, dated 14 November 2006, stating the father has had a history seizure disorders since 1996. f. A copy of DA Form 31 (Request and Authority for Leave), dated 4 April 2007, placing the applicant on excess leave. CONSIDERATION OF EVIDENCE: 1. The applicant's service records are contained in the Integrated Personnel Electronic Records Management (iPERMS) system and are incomplete. 2. The applicant enlisted in the US Army Reserve Delayed Entry Program (DEP) for 8 years on 25 September 2006. On 14 November 2006, he was discharged from the DEP and enlisted in the Regular Army for 4 years on 15 November 2006. 3. The applicant was participating in AIT at Fort Lee, VA when, on 16 February 2007, he departed his unit, Company A, 244th Quartermaster Battalion, in an AWOL status. 4. The applicant surrendered to military authorities on 3 April 2007 at Fort Sill, OK. He was assigned to the Personnel Control Facility (PCF) pending disposition. 5. The applicant’s iPERMS record does not contain a copy of his administrative discharge packet. However, it does contain a properly constituted DD Form 214 which identifies the reason and characterization of the discharge. The evidence of record shows the applicant was discharged under the provisions of chapter 10, Army Regulation (AR) 635-200, for the good of the service in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial. In doing so, the applicant would have admitted guilt to the stipulated or lesser included offenses under the UCMJ. 6. The applicant was discharged under other than honorable conditions on 20 July 2007. His DD Form 214 shows he had 6 months and 18 days of creditable service and 47 days of lost time due to being AWOL. 7. 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. A discharge under other than honorable conditions is normally considered appropriate. 8. Pertinent Army Regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes and separation codes based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlisting and processing into the RA and the eligibility for prior service applicants for enlistment. That chapter includes a list of Armed Forces RE codes and RA RE codes. 9. A separation code of "KFS" applies to persons discharged for the good of the service in lieu of trial by court-martial. An RE code of RE-4 applies to such persons not qualified for continued Army service. Such individuals are disqualified to reenlist and the disqualification is nonwaivable. DISCUSSION AND CONCLUSIONS: 1. The applicant requests a change to his RE-4 code so that he may reenlist. 2. The applicant committed the offense of AWOL for which the authorized punishment includes a punitive discharge. He requested and received a discharge for the good of the service in lieu of trial by court-martial. His voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, tends to show the applicant wished to avoid the court-martial, the Federal conviction, and the punitive discharge that he might have received. 3. Although the applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial is not available for review, regularity presumes it was administratively correct and in conformance with applicable regulations. 4. The applicant's situation with his father's illness was considered; however, there were other avenues available to the applicant to help resolve the situation without committing an offense under the UCMJ. There is no evidence the applicant availed himself of any other options. 5. 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. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __xxx___ __xxx___ __xxx___ 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. XXX _______ _ _______ ___ 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) AR20080008994 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008994 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1