MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 March 2000                   
	DOCKET NUMBER:   AR1999027831

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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:  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, change his reenlistment code from RE-3 to 
RE-1.  He further states that he is currently serving in the Army National Guard and would like to enlist in the Regular Army.  He discovered the error, when he enlisted in the Army National Guard.

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

The applicant was born on 8 January 1964.  He enlisted in the Regular Army on 
26 March 1981, for 3 years with no prior service.  He completed the required training and was awarded military occupational specialty 91B10 (Medical Specialist).

On 10 January 1984, the applicant accepted nonjudical punishment, (NJP) under 
the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for wrongful use of marijuana/hashish.  His imposed punishment was a reduction to pay grade E-3, a forfeiture of $171.00 pay and 14 days extra duty.

The applicant’s record shows that he received two NJP’s in February 1984, for failure to repair and for assault on a non-commission officer.  His record also indicates reductions from E-4 to E-1.  However, the charge sheets are missing from his file.

The facts and circumstances pertaining to the applicant’s discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 21 March 1984, under Army Regulation 635-200, chapter 4, (Expiration Term of Service) with an honorable discharge.  He had completed 2 years, 11 months and 26 days of creditable active service.  He was
awarded the Army Service Ribbon, the Overseas Service Ribbon, and the Sharpshooter Badge M16 Rifle Bar.  He was given a reentry 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 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 discharged under the provisions of chapter 9, 10. 11. 13 and 14 of Army Regulation 635-200 are assigned an 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.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulation applicable at the time.  The character of the discharge is commensurate with his overall record.

3.  There is no basis for removal of the RE code from the applicant’s record.  The disqualification upon which the code was based, however, can be waived for reenlistment purposes.

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

5.  Therefore in view of the foregoing, there is no basis for granting the applicant’s requests.

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___  __eja___  __ewl___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

						

INDEX

CASE ID	AR1999027831	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19840321	
DISCHARGE AUTHORITY	AR635-200, Chapter 4	
DISCHARGE REASON	A03.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0300	
2.		
3.		
4.		
5.		
6.