MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 November 2000
	DOCKET NUMBER:   AR2000043922

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Terry L. Placek		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 eligibility (RE) code be changed to RE-1 and that the bar to reenlistment imposed against him be lifted.

APPLICANT STATES:  In effect, that he was punished for something he did not do.  He states that he bought a used car and marijuana seeds were found in the seats.  He adds that he did not test positive for drug use, but received punishment anyway.  He was then barred from reenlisting and had to separate when he reached his ETS (expiration term of service) date.

In support of his application, he provides:  a copy of a DD Form 293, Application for Review of Discharge or Dismissal, dated 15 April 2000, with three additional handwritten pages of explanation; a copy of a 22 April 1985 Bar to Reenlistment Certificate (DA Form 4126-R); a copy of a Record of Proceedings Under Article 15, UCMJ (DA Form 2627), dated 5 January 1983; a copy of a 22 September 1983 DA Form 2496 (Disposition Form), subject:  Recommendation for Promotion; and a copy of his Personnel Qualification Record (Part 1).

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

He enlisted in the Regular Army for 3 years on 23 November 1976.  Trained as a ground surveillance radar specialist, he was assigned to Fort Hood, Texas for his first duty assignment.  While at Fort Hood, he rose to the rank of specialist (E-4) and reenlisted for 6 years on 29 May 1979.

The applicant was reassigned to Germany from 27 July 1980 to 22 July 1982 and was promoted to the rank of sergeant (E-5) on 5 March 1982.  Following his tour of duty in Germany, he was transferred to Fort Polk, Louisiana.  On 5 January 1983, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for possession of "some amount" of marijuana.  His punishment included reduction to E-4, forfeiture of $444.00 per month for 2 months, and restriction and extra duty for 30 days.

The applicant was reassigned to Korea for 1 year on 7 November 1983.  While in Korea, he regained his sergeant rank on 2 December 1983.  He left Korea on 6 November 1984 and was assigned to Fort Campbell, Kentucky.  At Fort Campbell, he received a counseling statement for failure to repair on 4 February 1985.  He also received a letter of reprimand on 15 April 1985 for not keeping his radar site operational on 25 March 1985 in support of the 502nd Infantry Regiment.

On 26 April 1985, the applicant's commander recommended that the applicant be barred from reenlisting for the NJP, the negative counseling statement, and the letter of reprimand.  On 7 May 1985, the bar to reenlistment was approved and the applicant was so notified.  He acknowledged notification and elected not to appeal the bar.  On 28 May 1985, the applicant was honorably discharged by reason of ETS under the provisions of Army Regulation 635-200, chapter 4.  He had a total of 6 years, 6 months, and 12 days of creditable service and no lost time.  He was given an RE code of RE-3.

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 the eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  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 nonjudicial punishment and/or court-martial convictions are disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

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 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.

2.  The applicant received NJP for possession of marijuana and a bar to reenlistment for having received the NJP as well as a letter of reprimand and a counseling statement.  The NJP and the bar were sufficient to warrant his RE Code of RE-3.

3.  Both the NJP and the bar to reenlistment were imposed in compliance with applicable laws, regulations and policies.  The actual circumstances surrounding the possession of marijuana charge are not in the file; however there is no evidence of a violation of any of the applicant's rights.

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

__slp____  __mw___  __tlp____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043922	
SUFFIX		
RECON		
DATE BOARDED	20001114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	100.0300	
2.	100.0600	
3.		
4.		
5.		
6.