MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            10 March 1999
	DOCKET NUMBER:   AR1998012266

	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. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		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 separation document (DD Form 214) be corrected to reflect a more favorable Reentry (RE) Code.

APPLICANT STATES:  In effect, that he was discharged for unsatisfactory performance based on his failure to pass the Army Physical Fitness Test (APFT) and that at the time he did not believe that an RE Code of RE-3 would prevent him from enlisting in another service or the USAR.  He goes on to state that he has been out of the Army for about 4 years and only found out about the injustice when he attempted to enlist in the Air Force Reserve.  He further states that he was at Fort Carson, Colorado where the air was thin and made it difficult for him to breathe at the time he could not pass his APFT.

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

The applicant enlisted on 7 November 1990 for a period of 4 years and training as a cannon crewman.

On 16 June 1993, while stationed at Fort Carson, the applicant was notified by his commander that action was being taken to separate him from the service under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance based on two consecutive APFT failures.

After consulting with counsel, the applicant elected not to submit a statement in his own behalf.

The appropriate authority approved the recommendation for separation on 23 July 1993 and directed that he be issued an Honorable Discharge Certificate.

Accordingly, he was honorably discharged in the pay grade of E-4 on 16 August 1993 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He had served 2 years, 9 months, and 10 days of total active service And was issued an RE Code of 3.

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 processing into the Regular Army and the USAR.  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-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200.  A waiting period of 2 years from separation is required before a waiver may be submitted.

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 the aforementioned requirement.

2.  The applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

3.  The applicant was separated under the provisions of Army Regulation        635-200, chapter 13; therefore; he was properly issued an RE Code of RE-3 in accordance with the applicable regulations.

4.  The applicant has failed to show through the evidence submitted or the evidence of record that he was issued the wrong RE Code at the time of his separation.

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

___klw __  __mw___  ___fkm __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999012266	
SUFFIX		
RECON	 	
DATE BOARDED	1999/03/10	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300 re code	
2.		
3.		
4.		
5.		
6.