MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 April 2001                  
	DOCKET NUMBER:   AR2001051507

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Thomas Baxter		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:  Correction of item 26 (Separation Code) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) and correction of item 27 (Reenlistment Code) to show a more favorable reenlistment (RE) code.

APPLICANT STATES:  In effect, that the separation code or reenlistment code is no longer needed and that it needs to be updated.  She states that she currently serves in a troop program unit and has served in the Reserve for 13 years.  She contends that she would like to further her career, but she cannot without this code change.  She further states that she has served a total of 15 years in the Reserve and on active duty.  In support of her application, she submits a copy of her DD Form 214, Personnel Qualification Record, promotion orders, military occupational specialty orders, NGB Form 22 (Report of Separation and Record of Service), DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), five DA Forms 1059 (Service School Academic Evaluation Report), Standard Form 93 (Report of Medical History), and Standard Form 88 (Report of Medical Examination).

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

The applicant enlisted in the Army National Guard on 16 July 1986 and was assigned to Fort Leonard Wood, Missouri, for active duty training.  

On 13 February 1987, she was released from active duty training under the provisions of Army Regulation 635-200, chapter 5, for involuntary release for failure to meet procurement medical fitness standards – no disability.  She was separated from active duty with an uncharacterized discharge.  Her DD Form 214 shows her Separation Program Designator (SPD) code as “LFT” (Did Not Meet Procurement Medical Fitness Standards – No Disability), and her RE code as
“RE-3”.  

On 13 February 1987, the applicant was discharged from the Army National Guard and transferred to the U.S. Army Reserve Control Group (Annual Training).  The applicant is currently serving in the U.S. Army Reserve in the rank of sergeant.

The applicant’s personnel records do not contain individual medical records or the results of the medical board proceedings surrounding the discharge process.

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.  The regulation states that RE–3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

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 the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  Therefore, the separation code, reenlistment code, and narrative reason for separation used in the applicant’s case are correct and were applied in accordance with the applicable regulations.

2.  The applicant has failed to show through the evidence submitted or the evidence of record that the separation code and reenlistment code issued to her were in error or unjust.

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

4.  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.

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

WTM____  TB______  JTM____  DENY APPLICATION

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

INDEX

CASE ID	AR2001051507	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010401	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19870213	
DISCHARGE AUTHORITY	AR635-200,chapter 5	
DISCHARGE REASON	Did Not Meet Procurement Medical Fitness Standards – No Disability	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.