MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           20 November 2001            
	DOCKET NUMBER:   AR2001060076

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Ms. Regan K. Smith		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 Item 27 (Reentry Eligibility (RE) Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from a code of RE-3 to a code of RE-1 so that he will be eligible to enlist in the Coast Guard.  

APPLICANT STATES:  That he wants to make the Coast Guard a career.

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

On 6 July 1994, he enlisted in the Regular Army (RA) for 3 years, in pay grade 
E-2, for training in military occupational specialty (MOS) 94B (Food Service Specialist), and assignment to a Ranger Unit upon completion of the Ranger Indoctrination Program (RIP) course.

The applicant completed basic and advanced individual training without any recorded incidents.  On 23 November 1994, he was assigned to Fort Benning, Georgia to attend RIP training.

On 6 January 1995, the applicant absented himself from his unit without leave (AWOL) and he remained AWOL until he surrendered to military control at Fort Drum, New York on 6 February 1995.  On an unknown date, he was transferred to the Personnel Control Facility, Fort Dix, New Jersey.

On 8 February 1995, court-martial charges were preferred against the applicant for the above period of AWOL.  On the same date, he consulted with legal counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200.  He was advised that he could receive an under other that honorable conditions (UOTHC) discharge.  He acknowledged that he understood the ramifications of receiving a UOTHC discharge.  In a statement submitted in his own behalf, he contended that, while in RIP, he was forced to do punishment push-ups and told that he would be reduced in rank, his pay would be taken, and he would be sent to Korea, if he did not keep up with his class during a difficult run.  He went AWOL because could not keep up and he was afraid that he would be sent to Korea.

On the same date, the applicant authenticated a statement indicating that he did not desire a separation medical examination.

On 30 March 1995, the applicant’s unit commander recommended that his request for discharge be approved with an uncharacterized discharge.  On 14 April 1995, the separation authority approved separation with an uncharacterized discharge.

On 8 May 1995, the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200 with an uncharacterized discharge.  He had completed 9 months and 2 days of active military service.  He also had 30 days of lost time due to being AWOL.  He was assigned a Separation Code of "KFS" and a Reenlistment Code of "RE-3."

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions (UOTHC) is normally considered appropriate.  However, at the time of the applicant's separation, the regulation provided for the issuance of an uncharacterized separation for a soldier in an entry-level status.

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 enlisting and processing into the RA and the eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes and 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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service, and the RE code is appropriate to the reason for separation.

3.  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

__jlp   ___  __mhm__  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060076	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011120 	
TYPE OF DISCHARGE	(UNCHAR)	
DATE OF DISCHARGE	19950508	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON	A39.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.3900	
2.		
3.		
4.		
5.		
6.