MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 September 2000
	DOCKET NUMBER:   AR2000036086

	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:

	Ms. Celia L. Aldolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern III		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 so he can reenlist in the active component of the Army.

APPLICANT STATES:  That he made mistakes as a young man and that he would like the opportunity to serve his country in an active manner. He’s currently serving with a National Guard unit in the state of New York as a medical assistant.  In support of his application, he submits his self-authored statement and eight statements of character reference.

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

With 4 years prior National Guard service, he enlisted in the Regular Army on 
23 May 1989.  After training in air defense artillery, he was assigned to Fort Drum, New York.

On 29 January 1990, the applicant was administered nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, by his battalion commander for wrongful use of cocaine.  His punishment included reduction in grade to private (E-1), forfeiture of $100.00, extra duty for 30 days, and restriction to his company area for 45 days.

On 15 March 1991, the applicant’s commander recommended he be discharged for abuse of illegal drugs under the provisions of Army Regulation 635-200, chapter 14.  The applicant consulted with counsel and acknowledged that he might expect to encounter substantial prejudice in civilian life if he was issued a general discharge under honorable conditions.  He submitted a statement in his own behalf, in effect blaming his substance abuse on the death of his brother while serving on active duty in Panama.

On 29 March 1991, the separation authority approved the recommendation and directed the applicant be issued a General Discharge Certificate.

The applicant was discharged on 16 April 1991 with 2 years, 1 month and 
29 days of creditable active service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his reentry code as RE-3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, which includes abuse of illegal drugs, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct upon discovery of a drug offense.

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 drug abuse.  These individuals will be assigned 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.

On 23 January 1997, the Army Discharge Review Board, in a unanimous decision, denied the applicant’s request for upgrade of his discharge.  However, the board directed that the narrative reason for separation on the DD Form 214 be changed to read “misconduct.”

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 reenlist in the active 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

__cla___  __wtm___  __tbr ____  DENY APPLICATION

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

INDEX

CASE ID	AR2000036086	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.	110.00	
3.		
4.		
5.		
6.