MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 March 2000
	DOCKET NUMBER:   AR1999025395

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Thomas D. Howard Jr.		Member	
	Ms. Carol Jo Suiter 		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 reentry (RE) code of RE-4 be changed to a suitable code for reenlistment into the US military.

APPLICANT STATES:  That he was in a bar fight and should not be barred.  The reason he received the possession of a firearm was because he could not tell whose gun it was, because he really did not know.  He thinks he deserves another chance.

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

He enlisted on 18 August 1992 and, after training, was assigned to Fort Sill, Oklahoma.  On 19 December 1994, he reenlisted for a period of 5 years for assignment to Europe.  

On 22 May 1996, the applicant was administered nonjudicial punishment by his battalion commander under Article 15, UCMJ, for three specifications of assault, drunk and disorderly, and rendering a false official statement with the intent to deceive.  His punishment included extra duty for 45 days, restriction to his unit area for 45 days, forfeiture of $437.00 per month for 2 months, and reduction in rank from specialist (E-4) to private (E-1).

On 3 June 1996 the applicant’s commander recommended he be discharged for serious misconduct under the provisions of Army Regulation 635-200, chapter 14.  The applicant consulted with counsel and acknowledged that he might expect to encounter substantial prejudice in civilian life if he was issued a general discharge under honorable conditions.  He declined to submit a statement in his own behalf.  On 5 June 1996 the separation authority approved the recommendation and directed the applicant be issued a General Discharge Certificate.

The applicant was discharged on 8 June 1996 with 3 years, 9 months and 
20 days of creditable service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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 Army.  Chapter 3 prescribes basic eligibility for prior service applicants for enlistment, and includes a list of Armed Forces RE codes.  RE-4 applies to individuals who are ineligible to reenter the Army.

Chapter 4 of the above regulation lists nonwaivable moral and administrative disqualifications for reentry in the Army.  Included in this chapter are persons with prior service last discharged from active service by reason of misconduct.  These individuals will be assigned RE code 4 at the time of discharge.

The Total Army Personnel Command (PERSCOM) has advised in similar cases that RE codes may be changed only if they are determined to be administratively incorrect.

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's administrative separation was accomplished in compliance with applicable regulations, with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.  The RE code was correctly assigned in accordance with governing regulations.

2.  There appears to be no basis for removal or waiver of that disqualification which established the RE-4 code.

3.  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.

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

__jh____  ___tdh___  __cjs____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025395	
SUFFIX		
RECON		
DATE BOARDED	20000309	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19960608	
DISCHARGE AUTHORITY	AR635-200 CH14	
DISCHARGE REASON	A67.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.06	
2.	110.00	
3.		
4.		
5.		
6.