MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 May 2000                   
	DOCKET NUMBER:   AR1999027911

	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. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Kenneth L. Wright		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, to change his present separation code from RE-3 to RE-1.  He has an endorsement from his local frontline-recruiting department and he feels a refusal to change his separation code would be unjust.  He further states, that he has demonstrated that his discharge was due to an error in judgement and not a character flaw.  The applicant submits statements in support of his request.

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

The applicant was born on 7 May 1970.  He completed 12 years of formal education.  He enlisted in the Regular Army on 9 August 1988, for 4 years.  The highest grade he achieved was pay grade E-1.

On 19 September 1989, court martial charges were preferred against the applicant for being absent without leave (AWOL) from 9 August to 10 September 1989.

On 19 September 1989, after consulting with legal counsel the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  The applicant also acknowledged that by submitting the request for discharge he was admitting his guilt of the charges that were preferred against him.  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 Veterans Administration benefits.  He was afforded the opportunity to submit statements in his behalf, but declined to do so.

A mental and a physical examination found the applicant medically fit for retention.

On 2 January 1990, the appropriate authority approved his request and directed the issuance of an Under Other Than Honorable Conditions Discharge Certificate.  On 16 January 1990, the applicant was discharged, in pay grade 
E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge under other than honorable conditions (UOTHC).  He completed 1 year, 4 months and 16 days of creditable active service and he had 33 days of lost time.  He was given a reentry code of RE-3.

Army Regulation 635-200 sets forth the basic authority of 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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

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 persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200 are assigned and RE-3.

On 12 February 1999, the applicant submitted a request for a waiver of his RE code to his local recruiting command (Sacramento).  On 18 February 1999, his request was disapproved due to medical conditions.

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.  The applicant was discharged and assigned a reentry code in accordance with regulation then in effect.

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 provided all qualifications are met.

4.  Evidence of record revealed that the applicant’s request for a waiver was reviewed, however, he did not meet the required qualifications.

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

6.  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

__eja___  __ewl___  __klw___  DENY APPLICATION

Carl W. S. Chun
Director, Army Board for Correction
				       of Military Records

INDEX

CASE ID	AR1999027911	
SUFFIX		
RECON		
DATE BOARDED	20000525	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.