MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             28 September 2000                 
	DOCKET NUMBER:    AR2000041416

	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		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 records be corrected by upgrading his reentry code (item 27) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from 3 to 1.

APPLICANT STATES:  That he was recently denied entry into the Marine Corps by their Recruiting Command in San Diego, California, and needs his reentry code upgraded to RE-2 or preferably RE-1, so that he can join the active duty Marine Corps.  He further states that he has evaluated his faults and has taken corrective measures to improve himself; that he joined the Army National Guard in October 1998, and is currently serving in the pay grade of E-4.  In support of his request the applicant submits a copy of his DD Form 214, and several letters of support. 

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

On 28 August 1992, he enlisted in the U.S. Marine Corps Reserve (USMCR).  He completed his initial active duty training on 29 May 1993; and was advanced to the pay grade of E-3 prior to his honorable discharge on 26 July 1994.  

On 27 July 1994, he enlisted in the Regular Army for a period of 6 years.  His enlistment option was for training in Military Occupation Specialty (MOS) 68D (Aircraft Power Train Repair), but for reason unknown, he did not complete the advanced individual training for this course.  He was retrained in MOS 63B (Light Wheel Vehicle Mechanic) and was assigned to Fort Campbell, Kentucky.

Upon his arrival at Fort Campbell he was evaluated by medical authorities for chronic lower back pain.  It was determined he had a moderate degree of levoscoliosis, with a decrease of disc space.  He was returned to duty with a temporary physical profile which permitted most physical activities and training, except running.  In November 1995, he was reevaluated and his profile was continued.  He made several other medical visits which did not change his medical profiles. 

His initial counseling form at Fort Campbell, for the period 1-11 May 1995, indicates his appearance and uniform were highly satisfactory, but his failure to attend or even attempt Air Assault School and his attitude toward the Army were preventing him from being recommended for promotion. 

On 20 July 1995, he was counseled twice, once for fighting with another soldier and once for missing formation.  A general counseling on 30 September 1995 noted that his duty performance had improved; that his standards of appearance could be improved; that his attitude needed improvement; and that no further arguing with noncommissioned officers or his peers was expected.

On 26 October 1995, he was counseled for arguing, disobeying a lawful order and being disrespectful to an NCO.  Subsequently, on a date unknown, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for this offense.  His punishment is unknown.
 
On 11 December 1995, he received further counseling for failure to follow instructions not to wear a field jacket liner.  

On 12 December 1995, he was counseled by his guidance counselor concerning the requirements for a fully honorable discharge and meeting the minimum time in service requirements to receive veteran benefits.

On 6 January 1996, he was found medically fit for separation with instructions to follow up with physical therapy for his lower back problems.

On 2 February 1996, he received two more counseling statements, one for arguing and fighting with a former roommate on 29 January 1996, and the second for failure to report for duty on 2 February 1996. 

On 26 March 1996, the applicant’s commander notified him of his intent to recommend his discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct-pattern of misconduct.  The commander stated that he was recommending an honorable discharge.

On 26 March 1996, the applicant acknowledged receipt of his unit commander’s intent to recommend his discharge.  On 26 March 1996, his commander submitted a recommendation to the separation authority requesting that the applicant be separated under the provisions of Army Regulation 635-200, chapter 14, for misconduct, citing his NJP, the counseling, and that the applicant had received a letter concerning indebtedness.   

On 29 April 1996, after consulting with legal counsel, the applicant acknowledged that he understood the commander’s intent, and stated that he would be submitting letters in his own behalf, however, there is no evidence that these letters were presented to the separation authority.  

A DA Form 4187 (Personnel Action) indicates he was administratively reduced to pay grade E-2 under the provisions of Army Regulation 600-8-19 for inefficiency. 
However, the proceedings are not a matter of record.  His date of rank as a private, pay grade E-2 was 8 June 1996.

On 10 June 1996, the appropriate separation authority approved the applicant’s discharge, with a general discharge under the above cited regulation for misconduct.  Further rehabilitative efforts were waived.  

On 20 June 1996, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct.  His DD Form 214 indicates he had 1 year, 10 months and 24 days of active Federal service, and that he received the reentry code of 3.

On 27 March 1998, the Army Discharge Review Board (ADRB) denied the applicant’s request to upgrade his discharge and change his reentry code.

Pertinent Army regulation 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 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 Army RE codes.  

RE-3 applies to person not qualified for continued Army service, but the disqualification is waivable.  Certain persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13 and 14 of Army Regulation 635-200 receive the RE-3 code.

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.  Reentry code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Persons who are discharged under the provisions of Army Regulation 635-200, chapter 14 are so disqualified and receive an RE 3.

2.  The applicant was discharged under the provisions of Army Regulation 635-200, chapter 14, and received the appropriate RE code associated with his discharge.

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 an error or injustice occurred in this case.  

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

___rvo___  ___dph__  __emw__  DENY APPLICATION

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

INDEX

CASE ID	AR2000041416	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000928	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  110.00		
2.		
3.		
4.		
5.		
6.