IN THE CASE OF: BOARD DATE: 21 July 2009 DOCKET NUMBER: AR20090004574 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 a change to his reentry (RE) code from a 4 to a 3 so he can reenter the Army. 2. The applicant states that when his son passed away, he went absent without leave (AWOL) and that he has been punished for his actions. He states that his attorney knew that he wanted back in the Army but he never made the effort to try to get him back into the Army. He states that he believes that his punishment was too severe because he did 9 months in jail and lost his career. He states that he knows others who went AWOL for less and they didn't get anything. He further states that the Army is his life and that with all due respect, he would like to get back in and be the Soldier that he knows he can be at all costs. 3. The applicant provides a copy of his reassignment orders, dated 5 September 2008; and two copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. CONSIDERATION OF EVIDENCE: 1. On 8 October 2003, the applicant enlisted in the Regular Army (RA) in Indianapolis, Indiana, for 3 years, in the pay grade of E-1. He successfully completed his training and he was awarded military occupational specialty (MOS) 63B (wheeled vehicle mechanic). On 22 August 2005, the applicant reenlisted in the Army for 5 years. 2. On 17 October 2005, the applicant was convicted by a general court-martial for being AWOL from the unit, with intent to avoid field exercises, from 8 July 2006 until 7 August 2006 and for missing movement. He was sentenced to confinement for 8 months, a bad conduct discharge, a reduction to the pay grade of E-1, and a forfeiture of pay in the amount of $849.00 per month for eight months. 3. The convening authority approved the sentence, except for that part of the sentence extending to a bad conduct discharge, and directed that the sentence be executed. On 30 October 2007, the U.S. Court of Criminal Appeals affirmed the findings and sentence as approved by the convening authority. 4. On 13 March 2008, Headquarters, U.S. Armor Center, Fort Knox, Kentucky, affirming that the sentence of confinement had been served, directed the issuance of a bad conduct discharge. 5. Accordingly, on 12 September 2008, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 3 as a result of a duly reviewed and affirmed general court-martial conviction. He had completed 4 years, 3 months, and 18 days of net active service. He was furnished a bad conduct discharge and assigned an RE-4 code. 6. Pertinent Army regulations provide that prior to discharge, 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 Programs) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Chapter 3 of that regulation prescribes the basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes. An RE-4 code applies to a person with a non-waivable disqualification. A Soldier separated due to conviction by court-martial is issued an RE-4 code. 7. Army Regulation 601-210 (Active and Reserve Components Enlistment Programs) provides the guidance for the issuance of RE codes upon separation from active duty. It states, in pertinent part, that these codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his RE code should be changed to one that will allow him to reenter the Army. 2. His contentions have been noted. However, he was discharged under the provisions of Army Regulation 635-200, chapter 3 as a result of a duly reviewed and affirmed general court-martial conviction. 3. The applicant was separated and assigned an RE code in accordance with the applicable regulation and there appears to be no basis for removal of those disqualifications which established the basis for the RE-4 code. 4. In order to justify correction of a military record the applicant must show 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. 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) AR20090004574 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004574 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1