MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 August 2001
	DOCKET NUMBER:   AR2001058046

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		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:  In effect, that his undesirable discharge be upgraded to honorable.  In addition, he requests that his reentry (RE) code of RE-3 be changed to RE-1.

APPLICANT STATES:  In effect, that clemency is warranted because it is an injustice for him to continue to suffer the adverse consequences of a bad discharge.  He states that his periods of absence without leave (AWOL) and discharge were based on minor incidents.  He further states that his ability to serve in the Army was impaired because of family, marital, and child care problems.  In support of application he submits copies of his nonjudicial punishment (NJP), a copy of his record of service (DA Form 24), a copy of his enlisted qualification record (DA Form 20), Special Court-Martial Order #26, issued by Headquarters, Fort Lewis Washington, Summary Court-Martial Order #1, issued by Headquarters, Fort Riley, Kansas, and a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

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

On 13 February 1962, the applicant entered the Army for a period of 3 years.  He was awarded military occupational specialty (MOS) 293.10 (Radio Relay Carrier Operator) and the highest rank he attained while serving on active duty was private first class/E-3.

The file shows the applicant accepted NJP on the following occasions: 5 August 1963, for being AWOL for 3 days and for breaking restriction; 24 August 1963, for being AWOL for 1 day; and 13 September 1963, for being AWOL for 1 day.

On 11 October 1963, he was convicted by a summary court-martial of breaking restriction and failure to make a formation.  He was sentenced to a forfeiture of $30.00, reduction to pay grade E-1, and 30 days confinement  at hard labor (suspended).  He was also convicted by a special court-martial on 16 January 1964, for two specifications of AWOL totaling 59 days.  He was sentenced to a forfeiture of $28.00 per month for 4 months and 120 days confinement at hard labor.

The applicant was notified by his commander that separation action was being initiated against him under the provisions of chapter 14, Army Regulation 
635-208, for undesirable habits and traits of character.  The commander stated the basis for taking the separation action was the applicant’s record of NJP, his court-martial convictions, and his complete disregard for military service.

The separation action was approved by the appropriate authority and on 24 July 1964, the applicant was discharged with an undesirable discharge.  He was assigned a RE-3 code after having served 2 years, 1 month, and 15 days of active service and having accrued a total of 117 days of lost time.
On 18 April 1973, the Army Discharge Review Board (ADRB) denied a request from the applicant for an upgrade to his discharge after determining that his discharge had been proper and equitable.   

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, in effect at the time, covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the United States Army Reserve.  Chapter 3 of that regulation prescribed basic eligibility for prior service personnel.  That chapter included a list of armed forces RE codes.  RE-3B applied to persons who had lost time during their last period of service and who were therefore ineligible for enlistment unless a waiver was granted.  RE-1 applied to persons completing their terms of service who were considered fully qualified for reenlistment in the Army.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character.  Paragraph 2 of the regulation provided for the separation of personnel when there was evidence of an antisocial or amoral trend, chronic alcoholism, drug addiction, pathological lying, or misconduct.  An undesirable discharge was normally considered appropriate.

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 Board notes the applicant’s contentions that family, marital, and child care problems impaired his ability to serve and that his AWOL offenses were minor and isolated but finds they are not sufficiently mitigating to warrant relief. 

2.  The evidence of record shows the applicant’s administrative separation processing was accomplished in accordance with applicable regulations in effect at the time.

3.  The RE-3B code the applicant received was properly assigned in compliance with the existing regulatory policy then in effect at the time. 

4.  The Board is satisfied that the applicant’s discharge and RE-3B code accurately reflected his overall record of service and reenlistment eligibility at the time of his separation.

5.  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.

6.  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

__  JH __  __TFB  __  __JTM  __  DENY APPLICATION

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

INDEX

CASE ID	AR2001058046	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/31	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19640724	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	UNDESIRABLE TRAITS AND CHARACTER	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1  92.35.	34.00	
2.  92.31		
3.  93.07		
4.		
5.		
6.