PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  12 October 2000
	DOCKET NUMBER:  AR2000036041

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. John E. Denning		Member	
	Ms. Carol J. Suiter		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his reenlistment code RE-4 be changed so that he can return to active duty in the Army.

3.  The applicant states, in effect, that a recruiter told him that he was ineligible to reenlist in the Army.  After reviewing his discharge papers he noticed a discrepancy.  His DA Form 1315 (Reenlistment Data Card) states he is eligible to reenlist.

4.  Records available to the Board show that the applicant was born on 
11 September 1969.  He enlisted in the Regular Army on 13 September 1988, and was awarded Military Occupational Specialty 11C (Indirect Fire Infantryman).  He was promoted to pay grade E-2 effective 13 September 1988.

5.  During the course of the applicant’s enlistment he received several counseling statements.  The counseling statements were based on performance and misconduct.  The applicant also was punished a total of two times under Article 15, Uniform Code of Military Justice (UCMJ).  The Article 15s consisted of (1) wrongfully operating a passenger car without a license and (2) disrespectful language towards a non-commissioned officer.  The applicant was notified through a DA Form 4126-R (Bar to Reenlistment Certificate), dated 26 July 1989, that he was not eligible for reenlistment and he initialed the block stating he would not appeal the bar to reenlistment.  The bar to reenlistment was approved on 1 August 1989 and the applicant acknowledged receipt by his signature on 
4 August 1989.

6.  The applicant was provided a medical examination that found him to be qualified for separation.  At a mental status evaluation the applicant was fully alert and oriented.  His thought processes were clear and thought content was normal.  The applicant’s memory was good.  He was mentally responsible and met the retention requirements of Army Regulation 40-501, chapter 3.  The applicant was cleared for any administrative action that was deemed appropriate by his command.

7.  The applicant was notified of contemplated separation for misconduct on 
20 September 1989.  After consulting with counsel the applicant waived representation by counsel and waived submitting any written statements on his own behalf.  The applicant also waived an administrative separation board hearing in his case if he was to be considered for an other than honorable discharge.

8.  The command forwarded the request for separation based on unsatisfactory performance and repeated acts of misconduct.  The separation authority, a lieutenant colonel, approved the request and directed separation under honorable conditions.

9.  On 10 October 1989, the applicant was discharged with an honorable characterization of service under the authority of Army Regulation 635-200, chapter 13 (Unsatisfactory Performance) in the pay grade of Private (E-1).  The applicant had 1 year and 28 days of creditable active service.  There is no documentation in the available record to show why his separation was honorable versus under honorable conditions.

10.  Army Regulation (AR) 635-200, chapter 13, states in pertinent part, that commanders will separate a soldier for unsatisfactory performance when it is clearly established that it is likely the circumstances forming the basis for initiation of separation proceedings will continue or recur, and the ability of the soldier to perform duties effectively in the future, including potential for advancement or leadership is unlikely.

11.  AR 635-5-1, dated 13 August 1993, states in pertinent part, the acronym(s) SPD stand for Separation Program Designator and LHJ is the designator for “Unsatisfactory Performance”, this designator is under the heading of Involuntary Discharge.

12.  AR 635-5, Table 2-3 revised, dated 20 September 1993, states in pertinent part, that RE-3 is the reenlistment eligibility code for unsatisfactory performance and may be waivable.

CONCLUSIONS:

1.  In accordance with AR 635-5, the applicant’s unsatisfactory performance was properly recorded on his DD Form 214 and there was no material error or injustice.  However, the RE code recorded on the applicant’s DD Form 214 is RE-4 and should be RE-3 for misconduct.

2.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to the individual concerned be corrected by showing that the individual’s DD Form 214, item(s) 27 (Reentry code) show RE-3 and that a DD Form 215 be issued to the individual with the correction.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

    jm           jd             cs       GRANT AS STATED IN RECOMMENDATION

                                                    GRANT FORMAL HEARING

                                                     DENY APPLICATION

		         John D. Miller           
		        CHAIRPERSON

INDEX

CASE ID	AR2000036041	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE	Honorable	
DATE OF DISCHARGE	19891010	
DISCHARGE AUTHORITY	AR 635-200, Chap 13	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  100.03	RE-4 TO RE-3	
2.		
3.		
4.		
5.		
6.