MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 April 2001                  
	DOCKET NUMBER:   AR2000044550

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar  		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. Harry B. Oberg 		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 reenlistment eligibility (RE) code of RE-3 be corrected on his National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service.  The applicant is, in effect, asking that his narrative reason for separation, unsatisfactory participation, be changed.

APPLICANT STATES:  In effect, that his narrative reason for separation carries an RE code of RE-3 and that it is hampering him from entering the Active Guard Reserve (AGR) Program.  He states that he did not know that his RE code was a problem until he tried to enter the AGR Program.

In support of his application, the applicant submitted his NGB Form 22, DD Form 214, Department of Defense Certificate of Release or Discharge From Active Duty, and three letters of recommendation.

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

The NGB Form 22, indicates that the applicant was discharged from his state status in the Texas Army National Guard in August 1994, under the provisions of paragraph 8-27g, National Guard Regulation 600-200, for being an unsatisfactory participant.  His service was characterized as under honorable conditions.  He was assigned an RE-code of RE-3 and was transferred to the United States Army Reserve for the remainder of his service.  He was credited with over 9 years of military service.

NGB Form 22, NGB Form 56a, Certificate of Under Honorable Conditions Discharge, and discharge orders were mailed to the applicant’s last known address as indicated on NGB Form 22, Block Number 19.

National Guard Regulation (NGR) 600-200 and Army Regulation 135-91 govern procedures covering enlisted personnel management of the Army National Guard.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard.  Paragraph 8-27(g) of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant.  Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1-year period.  Paragraph 8-27 assigns an RE code of RE-3 as the proper RE 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.  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.  RE-3 is and has been the proper RE code for a soldier discharged from the Army National Guard for being an unsatisfactory participant.  Therefore, the applicant was assigned the proper RE code of RE-3 for his narrative reason for separation.

3.  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

__jh_____  __cla ___  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044550	
SUFFIX		
RECON		
DATE BOARDED	20010405	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	199408	
DISCHARGE AUTHORITY	AR 600-200 c8-27g	
DISCHARGE REASON	Unsatisfactory participant	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.