MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            14 January 1999 
	DOCKET NUMBER:   AC98-12427
                                              AR1999015960

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		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 the Reentry (RE) Code on his report of separation (DD Form 214) be changed to a more favorable RE Code.

APPLICANT STATES:  That he believes he was unfairly given a RE Code of 3 which requires him to obtain a waiver to enlist.  He goes on to state that he would like a more favorable code that will allow him to enlist again.

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

The applicant enlisted on 3 May 1989 for a period of 4 years and training as a wheel vehicle mechanic.

He successfully completed his basic training at Fort Jackson, South Carolina, and remained there to attend his advanced individual training (AIT).

Shortly after beginning his AIT (20 August 1989) his commander referred him for a mental status evaluation based on his unwillingness to participate in his training.  The examining psychiatrist diagnosed the applicant as having an adjustment disorder with mixed emotional features and that he suffered from marital problems.  He opined that the applicant’s potential was considered poor due to poor motivation and marital conflict.  He also indicated that the applicant expressed his desire to get out of the Army and he recommended that the applicant be separated under the provisions of Army Regulation 635-200, chapter 11.

On 20 September 1989 the applicant’s commander initiated action to separate him from the service under the provisions of Army Regulation 635-200, chapter 11, for Entry Level Status Performance and Conduct.  He cited as the basis for his recommendation the applicant’s demonstrated lack of the minimum qualities required to be a functional soldier, his lack of motivation to participate in training, his failure to meet minimum standards, his failure to respond to numerous counseling sessions, and his having been diagnosed as having an adjustment disorder with mixed emotional features. 

After declining consultation with counsel, the applicant elected not to submit a statement in his own behalf and declined a separation physical examination.

The appropriate authority approved the recommendation on 27 September 1989 and directed that he be furnished an uncharacterized discharge.  Accordingly, he was discharged on 2 October 1989 under the provisions of Army Regulation   635-200, chapter 11, for entry level status.  He had served 5 months of total active service and was issued a RE Code of RE 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 reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (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.  Re 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  

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.  The applicant was properly discharged in accordance with applicable regulations with the appropriate RE Code.

2.  The applicant has failed to show through the evidence submitted or the evidence of record that the RE Code issued to him was in error or unjust.

3.  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

___rvo __  ___slp __  __kan ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12427/AR1999015960	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/14	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  100.0300		
2.		
3.		
4.		
5.		
6.