MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 November 2001                   
	DOCKET NUMBER:   AR2001059778

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications, which preclude reenlistment.

APPLICANT STATES:  In effect, that at the time of his discharge, he had a family situation that needed to be taken care of.  He was not granted leave so he requested to be released from active duty.  His released was to prevent him from further hurting his career by doing something that he would regret.  He was discharged with a reentry code of “3” and he now wish to have this changed to a “1” so that he can reenlist.

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

On 17 April 1997, the applicant enlisted in the Regular Army.  He completed combat basic training.  Shortly after reporting to his advanced individual training, the applicant experienced problems in achieving passing scores in academic training.  He was counseled on 11 July 1997, for failure to achieve a passing score of 70%.

The applicant’s records indicate that he accepted a summarized Article 15 for failure to repair, however, the particulars surrounding the incident is missing from his files.

The applicant was counseled on two more occasions for his attitude towards the United States Army Aviation, his decision to be released from active duty, his blatant disrespect toward the drill sergeants and the company commander and for the summarized Article 15.

On 1 August 1997, the applicant was found physically qualified for separation.

On 28 August 1997, the unit commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 11, with an entry-level status performance and conduct discharge.
The commander’s recommendation was based on the applicant’s inability to adapt socially or emotionally to military life and his negative attitude toward the United States Army.  The commander further stated, that the applicant has shown a lack of aptitude and ability on prescribed examinations, which is required for successful completion of training.  The applicant has also failed to respond to counseling and rehabilitation.  He acknowledged notification and was advised of his rights by legal counsel of the basis for the contemplated separation action.  The applicant was afforded the opportunity to submit statements in his own behalf, but declined to do so.

On the same day, the appropriate authority approved the recommendation, waived the rehabilitative transfer requirements and directed that the applicant be discharged with an uncharacterized discharge.

On 18 September 1997, the applicant was discharged in pay grade E-1, under the provisions of Army Regulations 635-200, paragraph 11 (entry-level status performance and conduct) with an “uncharacterized” character of service discharge.  He had completed 5 months, and 2 days of creditable active service.
He was given a reenlistment code of RE-3.

Army Regulation 635-200, provides in pertinent part for an entry level separation when the service member has not completed more that 180 days before the date of initiation of the separation action, it provides for the issuance of an uncharacterized discharge.

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 United States 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 waivable.  Certain persons who have lost time, local bars to reenlistment and those discharged under the provisions of chapter 9, 10, 11, 13 and 14 of Army Regulation 635-200 are assigned a RE-3.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4 of Army Regulation 601-210 (RA and Army Reserve Enlistment Program).  Therefore, since enlistment criteria does change, and since the applicant have the right to apply for a waiver, it is suggested that periodic visits to the local recruiting station should be made to determine the eligibility and when to apply for a waiver.

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 was separated and assigned a reenlistment code in accordance with regulations then in effect.

3.  There appears to be no basis for removal of the reentry code from the applicant’s record.  The disqualification upon which the code was based, however, can be waived for reenlistment purposes. 

4.  In view of the circumstances in this case, the assigned reentry code was and still is appropriate. 

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

__inw___  __sk____  __kah___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059778	
SUFFIX		
RECON		
DATE BOARDED	20011115	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19970918	
DISCHARGE AUTHORITY	AR 635-200, Chapter 11	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.