MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 March 2001                  
	DOCKET NUMBER:   AR2000049339

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Donald P. Hupman 		Member	
	Mr. John T. Meixell 		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:  In effect, that her general discharge be upgraded to honorable, that her narrative reason for separation be changed and that her reentry (RE) code be changed to RE-1 or RE-2.

APPLICANT STATES:  In effect, that she did not fail any physical fitness tests during her entire military career, that she made her career a priority in her life and that she made multiple efforts to obey all orders.  In support of her application, she submits a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 21 October 2000, wherein she requests that her discharge be upgraded and that her narrative reason be changed.  She also provided an undated letter to the Board wherein she requests that her RE code be changed to RE-1 or RE-2. 

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

The applicant enlisted in the USAR on 30 August 1990.  She was ordered to active duty on 8 February 1991 for training and was honorably released from active duty on 15 May 1991 to complete her remaining obligation in the USAR.  She enlisted in the Regular Army on 3 May 1995 for a period of 3 years and trained as a personnel management specialist. 

Between 1 August 1995 and 22 August 1996, the applicant was counseled on 
13 occasions for various infractions to include poor duty performance, failure to report, damaging Government property and failing the 2 mile run portion of the Army Physical Fitness Test (APFT) on 28 July 1995. 

On 5 February 1997 the applicant was notified of her pending separation under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  The unit commander recommended separation with a general discharge and cited that the applicant had been counseled several times for her poor performance of duties, failure to report and for failing her APFT on 28 July 1995.  The unit commander also noted that the applicant had been counseled about her failures and did nothing to improve her deficiencies and that her lack of motivation and poor performance reflected poorly on the command.  

On 10 February 1997, after consulting with counsel, the applicant submitted a request for a conditional waiver contingent upon receiving an honorable discharge.  Her request also stated that if the conditional waiver is rejected, then she requests consideration of her case by an administrative separation board.  However, the applicant had less than 6 years of active duty and was not entitled to an administrative separation board.    

The intermediate commander recommended that the applicant’s conditional waiver and request for an administrative separation board be disapproved.  He recommended that the applicant be separated with a general discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.

The separation authority disapproved the applicant’s conditional waiver and her request for an administrative separation board.  He approved the recommendation for discharge and directed the issuance of a general discharge. 

Accordingly, the applicant was discharged on 10 March 1997 with a general discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  She had served 2 years, 1 month and 16 days of total active duty and was issued a RE-3 code.

Item 28 (Narrative Reason for Separation) on the applicant’s DD Form 214 with an effective date of 10 March 1997 shows the entry “UNSATISFACTORY PERFORMANCE”.

Item 26 (Separation Code) on her DD Form 214 with an effective date of 10 March 1997 shows the entry “JHJ”.  Army Regulation 635-5-1 (Separation Program Designator Codes) states the reason for discharge based on separation code “JHJ” is “Unsatisfactory Performance” and the regulatory authority is Army Regulation 635-200, chapter 13.

On 21 July 1998 the Army Discharge Review Board denied the applicant’s request for an honorable discharge and narrative reason change.

Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13 of this regulation, in effect at the time, provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.

Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.

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 processing into the Regular Army 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.

RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.  

RE-2 applies to persons separated before completing a contracted period of service whose reenlistment is not contemplated.

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 5, 9, 10, 13, 14, and 16 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 applicant’s contention that she did not fail a APFT during her entire military career is not valid.  DA Form 4856 (General Counseling Form), dated 
1 August 1995, shows the applicant was counseled for failing the 
2 mile run portion of the APFT on 28 July 1995. 

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

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

4.  The Board reviewed the applicant’s record of service and determined that her quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, she is not entitled to an honorable discharge.

5.  The narrative reason for separation and the RE code used in the applicant’s case are correct and were applied in accordance with the applicable regulations.

6.  The applicant has failed to show through the evidence submitted or the evidence of record that the narrative reason for separation and the RE code issued to her were in error or unjust.

7.  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 the aforementioned requirement.

8.  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_____  DPH____  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000049339	
SUFFIX		
RECON		
DATE BOARDED	20010313	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19970310	
DISCHARGE AUTHORITY	AR 635-200 Chapter 13	
DISCHARGE REASON	Unsatisfactory Performance	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.	100.0300	
3.		
4.		
5.		
6.