MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 April 2001                   
	DOCKET NUMBER:   AR2001051509

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Thomas F. 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:  That her reentry eligibility (RE) code be changed to one less severe.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  That she was discharged and given an RE 3 because she had a sexual relationship with a fellow soldier in training.  This code was unjust because the other soldier did not get discharged.  She provides her Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.

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

She was born on 26 September 1982.  She enlisted in the Regular Army on      11 July 2000.  

On 6 September 2000, the applicant’s commander recommended her separation under the provisions of Army Regulation 635-200, chapter 11 for entry-level status performance and conduct; specifically, sexual intercourse with another soldier in training and absence without leave on 30 August 2000.  The recommendation noted that she received an Article 15 but it is not available.  The applicant was advised of her rights, she acknowledged notification and did not submit a statement in her own behalf.  She completed a Soldier’s Questionnaire in which she stated in part “I learned that I am a good soldier but I am easily swayed to do wrong…”

The appropriate commander approved her discharge with an uncharacterized discharge.  

On 14 September 2000, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry-level performance and conduct.  She was given a re-entry code of 3.  She had completed 2 months and 4 days of creditable active service.

Army Regulation 635-200, chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention.  The following conditions are illustrations of conduct that does not 
qualify for retention:  cannot or will not adapt socially or emotionally to military 

life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service. 

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 U.S. 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 waiverable.  

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 Board does not have the particular circumstances surrounding the service of the soldier with whom the applicant had sexual intercourse and so cannot determine the differences between his case and hers.  However, the Board notes that the applicant was not yet 18 years old when she enlisted nor not yet 18 years old when she was discharged.  In her own statement she indicated that she was easily swayed to do wrong.  The Board concludes that her command made an appropriate decision to discharge her with the possibility of reenlisting after she had matured.  

3.  Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit her local recruiting station (generally after 2 years have elapsed since her discharge) to determine if she should apply for a waiver.

4.  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___  __tfb___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051509	
SUFFIX		
RECON		
DATE BOARDED	20010403	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	20000914	
DISCHARGE AUTHORITY	AR 635-200, ch 11	
DISCHARGE REASON	A04.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.