IN THE CASE OF:	

		BOARD DATE:	  30 October 2008

		DOCKET NUMBER:  AR20080012300 


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 that his reentry (RE) code be changed.

2.  The applicant states he wants to rejoin the Army and give his family a better life.

3.  The applicant provides his separation document (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army on 13 June 2006.

2.  While in Initial Entry Training, the applicant departed absent without leave on 26 September 2006.  The applicant remained AWOL until 1 December 2006.

3.  On 8 December 2006, the applicant requested discharge in lieu of court martial.  That request was approved by the appropriate authority.

4.  On 30 April 2007, the applicant was discharged under the provisions of Army Regulation 635-200, Enlisted Personnel, Chapter 10, Discharge For The Good of the Service.  His service was uncharacterized.  The DD Form 214 he was issued shows that he was assigned a separation program designator (SPD) of KFS and an RE code of RE-4.

5.  Army Regulation 635-200 (Personnel Separations) 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.  

6.  Separation program designator (SPD)/Reentry (RE) codes cross-reference table , states that Army Regulation 601-210 determines Regular Army and USAR reentry eligibility and provides regulatory guidance on the RE codes.  These codes are not applicable to officers, or RC Soldiers being separated for other than cause.  This table provides instruction for determining the RE Code for Active Army Soldiers, as well as RC Soldiers separated for cause and exceptional category for physical disability.  The table shows that the SPD KFS is to be assigned an RE-4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was AWOL for over 2 months, and that he requested discharge in lieu of court-martial.  As such, his discharge was warranted and processed in accordance with the applicable regulation.

2.  The SPD cross-reference table states that the applicant was to be assigned an RE-4 based on the reason for his discharge.  As such, his RE code of RE-4 was properly assigned to him.

3.  While it is commendable that the applicant now wants to provide a better life for his family, that is not sufficiently mitigating to change a properly assigned RE code.

4.  As such, there is no basis for granting the applicant’s request.

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)                                         AR20080012300



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ABCMR Record of Proceedings (cont)                                         AR20080012300



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