MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            6 September 2001                  
	DOCKET NUMBER:   AR2001057884

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. Melvin H. Meyer		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 his records be corrected to show his separation in pay grade E-4 and his reentry eligibility code as RE1.

APPLICANT STATES: That he has been sending forms in for correction ever since he found the error and has not received a response.  Additionally, he provides a copy of a revoked separation order and an incomplete separation document.

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

During the period 30 July to 8 September 1992, he was in the Army Reserve (USAR) Delayed Enlistment Program.

On 9 September 1992, he enlisted in the Regular Army (RA) for 4 years.  He attained pay grade E-4.

On 21 June 1996, Orders 173-0002, 3d Infantry Division (Mechanized) directed his release from active duty on 8 September 1996 in the rank of specialist with an RE Code of 1.

On 8 July 1996, those orders were cancelled pending action under the Uniform Code of Military Justice (UCMJ).

On 8 July 1996, he was issued a bar to reenlistment pending punishment his action under the UCMJ.

On 10 July 1996, he accepted nonjudicial punishment (NJP) under UCMJ for possession and discharge of a firearm and making a false official statement concerning that weapon on 23 June 1996.  His punishment included a reduction to pay grade E-1, a forfeiture of $437 pay per month for 2 months, restriction for 45 days and extra duty for 45 days.

Orders were published directing his separation in pay grade E-1 with RE Code 3.

On 8 September 1996, he was honorably separated, in pay grade E-1, under Army Regulation 635-200, based on the completion of his term of service.  His separation document indicates he had 4 years of creditable service.  He was issued RE Code 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 RA and the USAR.
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 are separated in pay grade E-1 are so disqualified.

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 applicant is not entitled to have his records corrected to show his separation in pay grade E-4 or have his reentry eligibility code as RE-1.

2.  The evidence of record clearly shows the applicant was separated in pay grade E-1 and assigned RE Code 3, based on his NJP of 10 July 1996.  Neither his contentions nor his records show otherwise.

3.  He was properly discharged in pay grade E-1 and assigned RE Code 3 in accordance with pertinent regulations.

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

_mmh____  _lls____  _jtm____    DENY APPLICATION

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

INDEX

CASE ID	AR2001057884	
SUFFIX		
RECON		
DATE BOARDED	20010906	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.05	
2.		
3.		
4.		
5.		
6.