MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:      24 November 1998        
	DOCKET NUMBER:   AC98-11459

	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	
	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		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:  In effect, that his records be corrected by upgrading his discharge of 8 February 1979, to reflect the pay grade of E-4, and by changing his reenlistment code from RE-3B to RE-1.

APPLICANT STATES:  That his rank was taken away because of one incident, that he had a flat tire and was given a letter of inefficiency and busted to the rank PFC; that the was not in a leadership position to be busted; and because of this he could not get promoted and was not eligible to reenlist.  

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

On 7 February 1975, he reenlisted in the Regular Army for a period of 4 years, in the pay grade of E-4.

On 4 January 1977, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniformed Code of Military Justice (UCMJ) for failing to go to his appointed place of duty on 29 December 1976.  His punishment was extra duty and forfeiture.

On 27 May 1977, the applicant was reduced to pay grade E-3, under the provisions of Army Regulation 600-200, paragraph 7-64b, for inefficiency.

On 14 September 1978, he accepted NJP under the provisions of Article 15, UCMJ, for failure to go to his appointed place of duty on 2 occasion’s, at             0700 hours and 1230 hours on 5 September 1978.  His punishment was extra duty and forfeiture.  

On 16 October 1978, he accepted NJP under the provisions of Article 15, UCMJ, for being absent without leave (AWOL) from 27-29 September 1978; and for failure to go to his appointed place of duty on 7 October and 9 October 1978.  
His punishment was extra duty and forfeiture. 

On 8 February 1979, he was discharged under the provisions of Army Regulation 635-200, paragraph 2-2 (Discharge or release from active duty upon termination of enlistment).  His Report of Separation indicates he had 4 years of active service and 2 days of lost time 

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 and processing into the Regular Army (RA) and the US Army Reserve.  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 are so 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.  

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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  The applicant was reduced in grade prior to his discharge, and therefore, was appropriately discharged in the pay grade of E-3.

4.  In accordance with Army Regulation 601-210, the applicant was assigned the appropriate reentry code of 3B, based upon his lost time.  

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

___gdp__  ___cla__  ___rwg__  DENY APPLICATION

						Loren G. Harrell
						Director