MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 April 2001
	DOCKET NUMBER:   AR2000051053

	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. William Blakely		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 pay grade E-1 be upgraded to pay grade E-5 and receive back pay.  He also requests that his Reentry (RE) Code 3 be corrected to show that he has a RE code of 1. 

APPLICANT STATES:  That he received non-judicial punishment (NJP) on 
1 June 1998 for being drunk on duty.  He states that the NJP was based upon statements from 2 NCOs and that he was not administered a breathalyzer test. He states that his second NJP on 2 March 1999 for being drunk on duty reduced him to the pay grade of E-1.  He further states that the warrant officer in charge of his detachment personally guaranteed that he would leave the Army in pay grade E-1.  He states he never threatened violence nor disrespected his chain of command.  Also, that he was a parachute rigger who fully understood the demands of the military mission, the effort, and time to see the job through.  

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

The applicant entered the Army on 8 April 1993.  He was awarded military occupational specialty (MOS) 92R (Parachute Rigger).  His awards include the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, and the National Defense Service Medal.  His highest rank attained was sergeant.

While assigned to Hawaii the applicant received NJP on 1 June 1998 for failure to go to his appointed place of duty and for being intoxicated to perform his duties.  As punishment he received 30 days extra duty, forfeiture of $716.00 for 
1 month, and a suspended reduction to pay grade E-4.  On 20 August 1998 the suspended reduction was vacated. 

The file is absent of any NJP or court-martial conviction that reduced the applicant to pay grade E-1.  His personnel qualification record shows a reduction from pay grade E-5 to pay grade E-1 effective 2 March 1999.  Also, item 14 (Effective Date of Pay Grade) of the applicant’s separation document shows 
2 March 1999 as his date of rank for pay grade E-1.

The applicant was honorably discharged on 17 August 1999 in pay grade E-1 under the provisions of AR 635-200, chapter 4, based upon completion of his required service.  He had completed 6 years, 4 months, and 10 days of creditable service and was issued a RE code of 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.  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 NJP are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapter 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 file is void of the facts and circumstances that led to the applicant being reduced to pay grade E-1.  His personnel qualification record shows a reduction from pay grade E-5 to pay grade E-1 effective 2 March 1999.  In the absence of evidence to the contrary, the Board must presume government regularity that his reduction to pay grade E-1 was conducted in accordance with applicable law and regulations.

2.  The applicant was separated and assigned a reentry code in accordance with regulations then in effect.  Also, he has failed to provide evidence with his application that the RE code issued to him was incorrect.

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	AR2000051053	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010405	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	126.00	
3.		
4.		
5.		
6.