MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            9 November 2000                  
	DOCKET NUMBER:   AR2000045511

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch		Member	
	Ms. Barbara J. Lutz		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 from RE-3 to RE-1.

APPLICANT STATES:  That he was caught in the “draw down” and was not given a second chance.  He submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a letter from his first sergeant and command sergeant major in support of his application.

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

The applicant enlisted in the Regular Army on 8 July 1980, completed training as an administrative specialist and served in Turkey from 27 December 1981 through 24 December 1982.  He was honorably released from active duty on 7 July 1983 and transferred to the U.S. Army Reserve Control Group.  On 1 July 1985, the applicant was ordered to active duty in the Active Guard/Reserve program of the U.S. Army Reserve (USAR) and was honorably discharged on 22 September 1993.

The applicant received numerous adverse counseling statements on various occasions between June 1991 and December 1991 for failing to obey orders, failing to properly secure sensitive items, failing to follow instructions, falsifying official documents, failing to properly perform his duties, failing to pay his debts, writing bad checks, and failing to follow written policies.

Records show that the applicant was AWOL from 13 March 1992 to 17 March 1992 and 22 March 1992 to 23 March 1992.

The applicant also received adverse counseling statements between June 1992 and August 1992 for failing to follow written orders, failing to follow instructions, failing to follow orders, failing to properly document the use of sensitive items, being absent from his unit, writing bad checks and failing to pay his debts.

On 20 January 1993, the applicant received non-judicial punishment for being absent without leave (AWOL) from 25 June 1992 to 10 July 1992 and altering a Noncommissioned Officer (NCO) Evaluation Report.

The applicant was notified of pending separation action under the provisions of Army Regulation 635-200, chapter 14-12(c) for misconduct - commission of a serious offense.  On 13 July 1993, the applicant acknowledged the notification, consulted with legal counsel, requested consideration of his case by an administrative separation board and did not submit a statement in his behalf.  On 23 July 1993, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than honorable and submitted a statement in his own behalf.  He underwent a mental status evaluation and a separation medical examination and was found fit for separation with a physical profile of 111111. 

On 5 August 1993, the separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-200, chapter 14-12c for misconduct – commission of a serious offense with an honorable discharge.  The applicant was discharged on 22 September 1993.  He had 8 years, 2 months and 21 days of active service and 20 days of lost time.  His DD Form 214 shows he was issued a 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 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. 

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so 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.  The Board noted the applicant’s contention that he was caught in the “draw down” and was not given a second chance; however, he presented no evidence to support this contention.  The Board also noted he received an honorable discharge at the time of his separation from active duty and the RE code issued to him was correct in accordance with regulations then in effect.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would jeopardize his rights. 

3.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

4.  There is no regulatory basis for removal of the RE code from the applicant's record.  The disqualification upon which the code was based, however, can be waived for reenlistment purposes. 

5.  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.

6.  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

JLP_____  OWT____  BJL_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000045511	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001109	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19930922	
DISCHARGE AUTHORITY	AR635-200,chapter 14-12(c)	
DISCHARGE REASON	Misconduct-commission of a serious offense	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.000	
2.		
3.		
4.		
5.		
6.