MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:          18 October 2001
	DOCKET NUMBER:   AR2001056941

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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 reentry eligibility (RE) code be changed from RE-3 to RE-“1A” or “1B.”

APPLICANT STATES:  In effect, that he does not think his RE code is wrong, but he wants it changed in order to enlist in the Marine Corps. 

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

He enlisted in the Regular Army for a period of 4 years on 31 July 1997.  He enlisted for the U.S. Army Station/Unit/Command/Area Enlistment Option and the U.S. Army Incentive Enlistment Option (Army College Fund).  On 1 October 1997, the applicant completed basic combat training at Fort Knox, Kentucky and was assigned to Fort Bliss, Texas for advanced individual training (AIT). 

On 25 January 1998, the applicant was detained by military police for indecent acts and damage of government property.  He was advised of his rights, which he invoked, and was released to his unit.  He was counseled by his chain of command for this incident of misconduct.  On 3 March 1998, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for willfully spoiling and destroying a magazine, valued at $7.95, the property of the Army and Air Force Exchange Service, by masturbating and ejaculating on it, and for willfully and wrongfully exposing his penis in an indecent manner in public view.

On 10 April 1998, the company commander recommended the applicant be separated under the provisions of paragraph 12a, chapter 14, Army Regulation 635-200 for minor disciplinary infractions with a general, under honorable conditions discharge (GD).  

On 13 April 1998, the appropriate authority approved the applicant’s discharge with a GD.  Accordingly, on 15 April 1998, the applicant was discharged from the Army after completing 8 months and 15 days of active military service.  His DD Form 214, Certificate of Discharge or Release from Active Duty, reflects the narrative reason for separation as misconduct, with a separation code of JKN, and an RE code of RE-3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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.  An RE-3 code 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 9, 10, 13, and 14 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.  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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

3.  The Board carefully reviewed the applicant’s records and determined that his RE code of RE-3 is the appropriate code for his narrative reason for discharge.

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

__fne____  __mhm__  __bje  __  DENY APPLICATION

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

INDEX

CASE ID	AR2001056941	
SUFFIX		
RECON		
DATE BOARDED	20011018	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19980415	
DISCHARGE AUTHORITY	AR 635-200, c14a	
DISCHARGE REASON	Minor incidents of misconduct	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.