MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 April 1999
	DOCKET NUMBER:   AR1999022282

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Christopher J. Prosser		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 undesirable discharge be upgraded to honorable, narrative reason for separation be change to conveniene of the government, Reentry (RE) Code 3B be changed to RE-1, and that his separation program designator (SPD) code of JLB be change to a more favorable SPD code.

APPLICANT STATES:  That his ability to serve was impaired by his youth, immaturity, and his poor educational background.  He also states that his ability to serve was impaired by his fear of the Army and being assigned to Vietnam to be killed.

COUNSEL CONTENDS:  That the applicant seeks an upgrade of his discharge based on his youth, immaturity, and poor educational background.  He also stated that his ability to serve adequately was impaired by his fear of the Army and a potential assignment to Vietnam.

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

The applicant entered active duty on 18 October 1973 as an armor crewman.  He was 17 years of age at the time and had completed 11 years of formal education.

In May 1974, the applicant began receiving numerous counseling statements and nonjudicial punishments (NJP) for instances of substandard appearance and conduct, and AWOL on several occasions totaling (4 days).

The applicant underwent a separation medical examination on 18 December 1974 and was found qualified for separation.

On 19 December 1974 the applicant was notified by his commander that he
was being considered for elimination from the service under the provisions of 
AR 635-200, chapter 13, for unfitness.  He based his recommendation on the applicant’s disciplinary action for AWOL, substandard appearance and conduct, and his rejection of all rehabilitation attempts by the chain of command.  The applicant stated on several occasions that he wanted out of the Army and that he did not care what he had to do to be discharged.  He also stated that he did not care what type of discharge he receives and that he would continue to be a disciplinary problem until such time as he is discharged.

After consulting with counsel, the applicant waived his rights to a hearing before a board of officers and representation by counsel and elected not to submit a statement in his own behalf.  He also acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration if a discharge under other than
honorable conditions were issued.  

The applicant underwent a mental evaluation on 19 December 1974 which determined that he could distinguish right from wrong and that he possessed sufficient mental capacity to participate in administrative or judicial proceedings.  

On 20 December 1974, the commander submitted his recommendation to separate the applicant under the provisions of AR 635-200, chapter 13, 
for unfitness.

On 16 January 1975, the separation authority approved the recommendation for discharge and directed that he be furnished an Undesirable Discharge Certificate.  The applicant was discharged on 29 January 1975.  He had a total of 
1 year, 3 months, and 8 days of creditable service and had 4 days of lost time due to AWOL.  His DD Form 214 shows that he was issued an RE code of RE “3B and a SPD code of “JLB”.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under the chapter when, in the commander’s judgment, the member will not develop sufficiently to participate satisfactorily in further training and or become a satisfactory soldier.

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-3B applies to persons who have lost time during their last period of service.

RE-1 apples to persons completing their term of service who are considered qualified to reenter the US Army.

Army Regulation 635-5-1 provides the SPD codes and reasons for separation from active duty.  The regulation in effect at the time, states in pertinent part, that that the code “JLB” will be used when separation is warranted under the provisions of AR 635-200, paragraph 13-5(a), to denote unfitness-frequent involvement of a discreditable nature with authorities.

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 advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and VA benefits.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3.  The type of discharge directed and the reasons therefor were appropriate considering all of the facts of the case.

4.  The applicant was assigned the proper RE code of RE “3B’ and SPD code of “JLB” in accordance with regulations then in effect.

5.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record that the RE and SPD code issued to him was incorrect.

6.  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.

7.  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

AMC____  ESC____  CJP_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022282	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990429	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19750129	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.110		
2.		
3.		
4.		
5.		
6.