MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           22 June 2000
	DOCKET NUMBER:   AR2000035753

	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. Carl W. S. Chun
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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 reentry (RE) code of RE-3 be upgraded to RE-1 so he can reenter the Army.

APPLICANT STATES:  That he made a bad decision in being “chaptered” out of the Army.  He wishes to re-join and pay off his debt to the Department of Defense, and believes he may be of great value to his unit and his country.

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

He enlisted on 24 July 1997 and, after training, was assigned to Fort Riley, Kansas.

On 28 Jul 1998, the applicant’s commander recommended he be discharged for a personality disorder under the provisions of Army Regulation 635-200, paragraph 5-13.  The applicant consulted with counsel and declined to submit a statement in his behalf.  The separation authority approved the recommendation and directed the applicant be honorably discharged.

The applicant was discharged on 25 September 1998 with 1 year, 2 months and 2 days of creditable service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his character of service as honorable and his RE code as RE-3.

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40, that interferes with assignment to or performance of duty.

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-3 applies to individuals who are ineligible to reenter the Army unless a waiver is granted.

Chapter 4 of the above regulation lists waivable 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 personality disorder.  These individuals will be assigned an RE code 3 at the time of discharge.

The Total Army Personnel Command 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 RE code was correctly assigned in accordance with governing regulations.

2.  Since RE-3 is a waivable disqualification, the applicant should seek assistance from his local recruiter if he desires to reenter the Army.

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 this 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

_mdm___  __wtm___  __clg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000035753	
SUFFIX		
RECON		
DATE BOARDED	20000622	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.