MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  19 October 2000
	DOCKET NUMBER:  AR2000043203

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz		Chairperson	
	Ms. Tracy L. Pinson		Member	
	Mr. Christopher J. Prosser		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 to show he was reinstated into the Army effective 17 November 1986 and receive all back pay and allowances.

APPLICANT STATES: That he should have been able to return to active duty, if not for the improper reentry code at the time of separation.

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

The applicant enlisted in the Regular Army on 29 December 1976 at age of 17.  He was trained and served as a Utility Helicopter Repairer.

On 28 December 1979, he was not favorably considered for award of the Good Conduct Medal.

On 6 February 1980, he was convicted by a Special Court-Martial of threatening to kill a superior commissioned officer; by kicking, pushing and shoving a superior commissioned officer and by willfully disobeying a lawful command from a superior commissioned officer.  His sentence included extra duty, restriction, and forfeiture of $150 pay per month for 2 months.

Through drug testing he was charged with drug abuse.  He received nonjudicial punishment under Article 15, UCMJ.  On 22 January 1986, he was enrolled in and successfully completed the Army Rehabilitation Track III Program.

He was recommended for discharge for misconduct.  He received a hearing by a board of officers.  The discharge was approved on 21 July 1986.

On 14 August 1986, he received a general discharge, under honorable conditions, under the authority of Army Regulation 635-200, paragraph 14-12c, for misconduct – drug abuse.  His separation code was JKK, based on the reason for his discharge.  He was discharged in pay grade E-5 with 9 years, 
7 months and 16 days of net active service, and he was assigned code RE-3.

On 13 December 1988, he was notified that the Army Discharge Review Board upgraded his discharge.  His discharge was changed to honorable, under the authority of Army Regulation 635-200, chapter 4, for expiration of his term of service, separation code JBK.  His RE-3 code was not changed.

On 18 August 1999, this Board upgraded his reentry code from 3 to 1A.

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-1 applies to persons completing an initial term of active service and indicates eligibility for enlistment, provided otherwise qualified.

RE-1A applies to careerists with over 4 years of service for pay, as in the applicant’s case.  It also specifies fully qualified, but ineligible to enlist for active duty within 93 days after date of separation; and fully qualified for enlistment in the USAR.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

The regulation provides for the opportunity to complete 20 years of active service prior to age 55.

There is nothing in the available record to indicate the applicant ever requested a waiver for reentry into the Regular Army or the Army Reserve.

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 is not entitled to reinstatement into the Army with receipt of back pay and allowances.  His assigned RE code was proper upon his discharge and was properly corrected based on the upgraded discharge.  The assigned RE code did not prevent his reentry, it required a waiver for reentry purposes.

2.  The applicant was eligible to request a waiver of his disqualification for reentry into the Army at any time after his discharge; however, there is no evidence that he made such a request.

3.  The Board notes the applicant is within the age limits, which would allow reentry, if he elected to do so and met all other physical and mental qualifications, and that he may visit his local recruiting office for this purpose.

4.  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.

5.  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

__el___  ___tp____  ___cp____ DENY APPLICATION

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

INDEX

CASE ID	AR2000043203	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001019	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.113	Reinstatement into Army	
2.		
3.		
4.		
5.		
6.