MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 September 2000                            
	DOCKET NUMBER:   AR2000045778

	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.Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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 eligibility (RE) code, which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualification’s which preclude reenlistment.  She also requests that her discharge be upgraded to an honorable discharge.

APPLICANT STATES:  No contention submitted.

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

That she enlisted in the Regular Army on 14 September 1999 for 4 years.  

On 2 October 1999, the applicant was formally counseled about her lack of motivation to become a good soldier, her inability to think clearly, her poor duty performance and her failure to adapt and adjust to military life.  During her counseling session the applicant informed her Drill Sergeant that she could not focus on her training because of her family problems. 

On 6 October 1999, the applicant was notified that her commander was initiating discharge action under the provisions of Army Regulation 635-200, paragraph 11, by reason of an entry level performance and conduct, with an uncharacterized discharge.  The recommendation was based on the applicant’s failure to adapt to military life and action indicating that she could not be rehabilitated for productive military service.  The applicant was advised by legal counsel of the basis for the contemplated separation action, and the rights available to her.  The applicant waived personal appearance, consideration, and representation by counsel before a board of officers.  She also acknowledged that she understood that if the recommendation was approved, she would not be permitted to apply for reenlistment in the United States Army for a period of 
2 years after being discharge.  She was afforded the opportunity to submit statements in her own behalf.  She stated in effect, that she needed to go home and take care of her business because her mind was not on her training.  She further stated; that she would like to come back into the Army, when she can totally commit to her training.        

On 12 October 1999, the appropriate authority approved the recommendation and directed the issuance of an entry-level discharge.  On 22 October 1999, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, paragraph 11, entry-level performance and conduct with an “uncharacterized “ character of service discharge.  She had completed 1 month and 9 days of creditable active service.  

Army Regulation 635-200, set forth the basic authority for the separation of enlisted personnel.  Chapter 11, of this regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status.  This provision of the regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they demonstrated characteristics not compatible with satisfactory continued service.  This provision of the regulation applies to soldiers who have not completed more than 180 days before the date of the initiation of the separation action, it also provides for the issuance of an uncharacterized discharge.  

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).  Therefore, since enlistment criteria does change, and since you have the right to apply for a waiver, it is suggested that you periodically visit your local recruiting station to determine if you should apply for a waiver.

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. 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 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.

On 30 June 2000, the Army Discharge Review Board denied the applicant’s request for an upgrade of her discharge.

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 discharge and assigned RE code was accomplished in compliance with applicable regulations then in effect, with no indication of procedural errors which would tend to significantly jeopardize her rights.

3.  There is no 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. 

4.  In view of the circumstances in this case, the assigned RE code was and still is appropriate. 

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

__cmf___  __fe____  __cjs___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045778	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE	(UNCHAR)	
DATE OF DISCHARGE	19991022	
DISCHARGE AUTHORITY	AR635-200,chp 11 .  .  .  .  .  	
DISCHARGE REASON	A29.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.2900	
2.		
3.		
4.		
5.		
6.