MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            14 April 1999                  
	DOCKET NUMBER:   AR1999019403

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		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 (RE) code be corrected to a code that would allow him to reenlist.

APPLICANT STATES:  That he had some “unusual circumstances” during his enlistment which were very difficult for him to deal with.  However, he loves military life and wants to reenlist now.

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

He enlisted in the Regular Army on 7 December 1973, was awarded the military occupational specialty of equipment repairman, and was promoted to pay grade E-2.

On 20 January 1975 court-martial charges were preferred against the applicant for being AWOL from 7 May to 1 July 1974; from 3 to 24 September 1974; and from 7 October to 24 December 1974.

On 31 January 1975 the applicant requested discharge in lieu of trial by 
court-martial.  In that request he outlined how he was having problems with his wife and with drugs and alcohol.  He stated that acceptance of his request for discharge for the good of the service would be the only way to alleviate those problems.

His request was accepted and he was furnished an Undesirable Discharge Certificate on 18 February 1975 under the provisions of 635-200, chapter 10.  The DD Form 214 he was issued shows that he was assigned an RE-4 code.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

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, then in effect, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the US Army Reserve.  Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment.  That chapter included a list of armed forces RE codes.

Army Regulation 601-210 lists the various RE codes and describes the reason(s) a soldier is assigned a particular code.  The code of RE-1 is assigned to individuals who complete an initial term of active service and who were fully qualified to reenlist when last separated.  The code of RE-2 is assigned to individuals who were separated before completing a contracted period of service whose reenlistment is not contemplated.  Individuals who are assigned a code of RE-2 are fully qualified to reenlist without a waiver.  The code of RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  The code RE-4 applies to persons separated from their last period of service with a nonwaivable disqualification.  Included in this category are persons who received an other than honorable discharge.

On 9 December 1980 the Army Discharge Review Board denied the applicant’s request to have his discharge upgraded.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant’s professed marital and substance abuse problems while he was on active duty are compelling considerations for some form of relief.

2.  However, three periods of AWOL and other lost time totaling 135 days, along with the fact that he himself asked for his discharge, are very difficult obstacles to overcome.

3.  The Board must conclude that absent any evidence of the applicant requesting help from his command for his personal problems, his military service was and is properly characterized as under other than honorable conditions.  Since his RE-4 code was based on that characterization of service, there is no reason to change that code.

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

_KLW___  _AAO ___  _TBR____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019403	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.