MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  29 June 2000
	DOCKET NUMBER:   AR2000043209

	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:

	Ms. Joann Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John M. Slone		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 the narrative reason for his separation and character of service be changed and his reentry (RE) code be upgraded.

APPLICANT STATES: In effect, that he desires the above corrections be made for reentry.

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

On 6 February 1985, he enlisted in the Army.  He completed his required training and was awarded military occupational specialty 13B (Cannon Crewman).

During the period 3 June 1985 to 30 January 1986, he served in a unit in Germany.

On 18 July 1985, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for using provoking words and for his failure to go to his appointed place of duty on 3 and 8 July 1985.  His punishment included a forfeiture of pay, restriction and extra duty.

On 29 October 1985, he accepted NJP under Article 15, UCMJ for uttering worthless checks in the amount of $2,806.60 and wrongfully using marijuana on 18 September 1985.  His punishment included a forfeiture of $320 pay per month for two months, restriction and extra duty.

On 14 January 1986, his commander notified him that he was initiating action to affect his release from active duty under Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He was advised of his rights.

On 14 January 1986, the applicant with legal counsel, responded to the commander by acknowledging his notification, indicating he was not submitting statements in his own behalf, and requesting legal counsel.

On 15 January 1986, the commander submitted the request for separation of the applicant.

On 22 January 1986, the appropriate separation authority approved the applicant’s separation and directed he be issued a General Discharge Certificate.

On 31 January 1986, he was discharged, in pay grade E-1, based on the regulation cited above.  His Report of Separation indicates he had 11 months and 25 days of creditable service.  He was issued RE Codes RE-3 and 3C.  The narrative reason for his discharge was unsatisfactory performance.

On 16 June 2000, the Army Discharge Review Board found his discharge was proper and equitable and denied his request for upgrade.

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 and the 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-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received non-judicial punishment and are being discharged under chapters 9, 10, 13 and 14 of Army Regulation 635-200 are so disqualified.

Army Regulation 635-200 set forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander’s judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. 

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.  In view of the circumstances in this case, the assigned RE codes were and still are appropriate.

2.  There appears to be no basis for removal or waiver of those disqualifications, which established the basis for the RE codes.

3.  The character of service and narrative reason for separation is appropriate and the applicant has not shown otherwise.

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

__jl____  ___mm___  __js___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043209	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000629	
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	UP – narrative reason, character and RE codes	
2.		
3.		
4.		
5.		
6.