PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 June 2001
	DOCKET NUMBER:   AR2001054181

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of appropriate military records to show a reentry eligibility (RE) code of RE-3.

3.  The applicant states that he desires to reenter the Army and he was informed by his recruiter that his RE code needs to be changed from RE-4 to RE-3.  He states that the Army Discharge Review Board (ADRB) recently upgraded his discharge from under other than honorable conditions to under honorable conditions (general) and therefore, his RE code should be changed.

4.  The applicant’s military records show that on 12 August 1994, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a wheel vehicle repairer.  On 12 February 1995, he was promoted to the pay grade of E-3.

5.  On 21 November 1995, the applicant’s commander initiated action to eliminate him from the service for misconduct.  He cited as a basis for his recommendation for discharge the applicant’s record of disciplinary violations which included failure to report to his appointed place of duty, bad attitude, below standard self maintenance, lack of motivation and duty performance, missing formation, failure to follow a lawful order, wrongful use of marijuana, and wrongful altering of his identification.  The commander submitted an extensively detailed packet of evidence to support his recommendation.

6.  On 21 November 1995, the applicant was notified that he was being recommended for discharge under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 14 for misconduct.  He acknowledged receipt of the notification and, after consulting with counsel, he waived his right to have his case considered by an administrative separation board contingent upon his receiving a general discharge.

7.  Although the commander’s approval of the recommendation for discharge is unavailable for review, the records show that the applicant was discharged on 13 December 1995, under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 14-12c for misconduct based on the commission of a serious offense.  He had completed 1 year, 4 months and 2 days of total active service and he was furnished an RE code of RE-4.

8.  On 10 January 2001, the ADRB upgraded the applicant’s discharge to a general discharge.  However, that board voted against changing the reason and authority for his discharge.

9.  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.

10.  RE-3 applies to persons no 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 Army Regulation 635-200.  A waiting period of 2 years from separation is required before a waiver may be submitted.  RE-4 applies to persons with a non-waivable disqualification.

CONCLUSIONS:

1.  The administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

2.  However, at the time of his separation he was incorrectly issued an RE-4 code instead of an RE-3 code, the code for which the applicable regulations indicate is appropriate for the type of separation that the applicant received.

3.  Accordingly, it would be in the interest of justice to correct his records at this time to show that he was issued an RE-3 code.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was issued an RE-3 code at the time of his separation on 13 December 1995.

BOARD VOTE:  

___dh___  ___jm___  __mm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Melvin H. Meyer_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001054181	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/06/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300/RE 	
2.		
3.		
4.		
5.		
6.