MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 September 2000                   
	DOCKET NUMBER:   AR2000044198

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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:  Correction of appropriate military records to show a reentry (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  That the amount of time he spent at Fort Sill, OK was a good overall experience but towards the end of his training he was given paperwork to sign.  He did not realize exactly what it was due to his intense training and state of mind at the time.  A Congressional inquiry notes that a higher reentry code would make it possible for the applicant to join the Marines.  The applicant provides no supporting evidence.

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

He enlisted in the Army National Guard on 15 January 1998.  He was ordered to active duty for training in military occupational specialty 13R (Field Artillery Firefinder Radar Operator) on 20 July 1998.

On 11 December 1998, the applicant’s commander initiated separation under the provisions of Army Regulation 635-200, chapter 11, entry-level performance and conduct.  The specific reason for the commander’s proposed action was the applicant’s failure to adapt to the military motivationally.  The applicant had been academically relieved from the 13R course and lacked basic discipline to accomplish routine tasks.  He had accumulated eight derogatory counseling statements, mostly concerning his failure to turn in homework assignments.  The Reserve Component Liaison Office had recommended he be discharged from the Army.

On 11 December 1998, the applicant was advised by his commander of the basis for the contemplated action.  The applicant declined the opportunity to consult with counsel.  He submitted no statement in his own behalf.  He understood that he would be ineligible to apply for enlistment in the U. S. Army for a period of      2 years after discharge.

On 17 December 1998, the request for separation was approved.  On               22 December 1998, the applicant was released from active duty under the provisions of Army Regulation 635-200, chapter 11.  He had completed 4 months and 24 days of creditable active service.  His character of service was uncharacterized and he was given a reentry code of 3.  On 23 December 1998, he was discharged from the Army National Guard with a reentry code of 3.

Army Regulation 635-200, chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention.  The following conditions are illustrations of conduct that does not qualify for retention:  cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  An uncharacterized description of service is required for soldiers in an entry-level status.

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 U.S. 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.  Soldiers separated under the provisions of Army Regulation 635-200, chapter 11 fall into this category.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.  Each military service has its own enlistment criteria.

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’s administrative separation was accomplished in compliance with regulations applicable at the time.  The narrative reason for separation was appropriate given the circumstances of his separation; therefore, the assigned reentry code of 3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waivable.

3.  Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.  Criteria for enlistment in the U. S. Marine Corps may or may not be the same as for the Army.

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

__aao___  __mhm___  __tfb___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044198	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.