MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 January 1999                                       
	DOCKET NUMBER:   AR18012140

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. Robert W. Garrett 		Member	
	Mr. Curtis L. Greenway 		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 eligibility (RE) code be changed to RE-1

APPLICANT STATES:  That he made up his “bad time” and has suffered enough and wants a good RE code so he can enlist in the Army Reserves.

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

He served in the Iowa and South Dakota Army National Guard (ARNG) from 1 July 1977 to 5 November 1978 before enlisting in the Regular Army (RA) for 4 years on 6 November 1978.  On 21 December 1982, he was separated with an honorable discharge and an RE Code of RE-3/3B upon the expiration of his term of service (ETS).  He had 4 years of creditable service and 16 days of lost time due to AWOL.  This AWOL occurred during the period 15-30 July 1979, an offense for which he was tried and convicted by a summary court-martial on 5 October 1979.  He also received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on 16 April 1980 for possession of marijuana.

Following his separation from the RA, he was assigned to the US Army Reserve (USAR) Control Group from 22 December 1982 to 17 May 1983.  On 18 May 1983, he joined a USAR troop unit and, on 26 August 1983, he reenlisted in the USAR for 3 years.  He was transferred from his USAR unit to the USAR Control Group (Reinforcement) on 5 June 1985 because of unsatisfactory participation.  He then was able to join a new unit effective 2 December 1985, but he never reported and was again transferred to the USAR Control Group (Reinforcement) as a “no show.”  On 6 August 1986, he was once again permitted to join a troop unit, but it is unclear whether he ever reported or when he was separated as a Reserve of the Army. 

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 the eligibility criteria, policies, and procedures for enlistment and processing into the RA 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, including RA 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 and/or court-martial convictions are disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.  An RE code of RE-3B indicates that a person had lost time during his last enlistment.

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, while on active duty, received NJP for possession of marijuana, went AWOL, and was convicted by a summary court-martial.  Any of these events was sufficient to warrant his RE Code of RE-3/3B.

3.  The applicant’s USAR service was marked by unsatisfactory participation and failure to report for duty when assigned to a troop unit.

4.  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

___LLS _  __RWG__  __CLG __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012140	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990128	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19821221	
DISCHARGE AUTHORITY	AR 635-200/4	
DISCHARGE REASON	A03	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.