MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 February 2000                  
	DOCKET NUMBER:   AR1999027795

	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.

	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  In effect, that he would like to reenter the Reserves.  His discharge has been upgraded to an honorable discharge.

He was born on 1 January 1964.  He completed 13 years of formal education.  On 25 May 1989, he enlisted in the Regular Army for 4 years.  The applicant
extended for an additional 12 months on 7 August 1992.  He was awarded military occupational specialty 94B10 (Food Service Specialist). The highest grade he achieved was E-4.

On 2 February 1992, the applicant received counseling for reporting late to his appointed place of duty.

On 2 March 1992, the applicant was enrolled in the Army Drug and Alcohol Prevention Control Program (ADAPCP).

On 4 March 1992, the applicant accepted nonjudical punishment (NJP), under Article 15, Uniform Code of Military Justice for conducting himself in a disorderly manner, for urinating on the floor; and for conducting himself in a nature to bring discredit upon the armed forces.  His imposed punishment was 7 days extra duty.

Between 30 June 1992 to 23 December 1992, the applicant was counseled on five different occasions for dereliction of his duties, for leaving post without a pass, for being drunk and intoxicated, for not paying a cab driver and for not having sufficient funds in his checking and savings account. 

On 28 December 1992, the applicant was counseled by his unit commander
concerning future misconduct and unsatisfactory performance of duty that could result in his elimination from the Army.

On 1 February 1993, the applicant was declared a rehabilitation failure by his unit commander.  The commander cited the applicant’s involvement in two alcohol related incidents between 10 and 22 December 1992, as the basis for taking the action.

On the same day the commander initiated separation action against the applicant under the provisions of Army Regulation 635-200, Chapter 9 for Alcohol Rehabilitation failure.  The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action.  He waived personal appearance, consideration, and representation by counsel before
a board of officers and made no statement.  A mental and physical evaluation was completed and the applicant was found to be qualified for separation.

On 8 February 1993, the appropriate authority approved the recommendation and directed the issuance of a General Discharge Certificate.

On 24 February 1993, the applicant was discharged with a GD.  At the time of discharge, the applicant had completed 3 years, 9 months service of his current enlistment and a total of 6 years, 8 months, and 28 days of creditable active military service and had no lost time.  He was awarded the Army Commendation Medal, the Good Conduct Medal (2), the National Defense Service Medal, the Southwest Asia Service Medal w/2 Bronze Service Stars, the Kuwait Liberation Medal, the Overseas Service Ribbon (2), the Army Service Ribbon and M16 Rifle (Marksman).  He was given a reentry code of RE-3.

On 30 April 1999 the Army Discharge Review Board (ADRB) granted the applicant’s request to upgrade his discharge to Honorable.

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 person not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have lost time, local bars to reenlistment and those discharge under the provisions of chapter 9, 10. 11. 13 and 14 of Army Regulation 635-200 are assigned and RE-3.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4 of Army Regulation 601-210 (RA and Army Reserve Enlistment Program).  Therefore, since enlistment criteria does change, and since you have the right to apply for a waiver, it is suggested that you periodically visit your local recruiting station to determine if you should apply for a waiver.

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

2.  Army Regulation requires 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.  Evidence of record shows that the applicant was properly assigned an RE code of RE-3 based on his reason for discharge.  However, RE codes can be waived for the purpose of reenlistment.

3.  In view of the circumstances in this case, the assigned reentry eligibility code was and still is appropriate.

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

__cmf___  __jea___  ___le___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027795	
SUFFIX		
RECON		
DATE BOARDED	20000202	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19930208	
DISCHARGE AUTHORITY	AR635-200, Chap 9	
DISCHARGE REASON	A6900	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.6900	
2.		
3.		
4.		
5.		
6.