MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           14 February 2002
	DOCKET NUMBER:   AR2001060602

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John E. Denning		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 reentry eligibility (RE) code be changed to one less severe.  (In effect, a request for removal or waiver of those disqualifications that preclude reenlistment.)

APPLICANT STATES:  That the reason he left without permission was due to a family matter that he had to attend to.  At the time, he was afraid and confused and did not know whom to turn to for assistance.  After waiting two years he requested a waiver of his RE-3 to reenlist, but it was denied.

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

He enlisted, at the age of 20, in the Regular Army on 1 October 1997, as a high school graduate.

On 28 November 1997, he departed absent without leave (AWOL) and on 25 February 1998, he surrendered to military authorities.

On 27 February 1998, charges were preferred against him for being AWOL from 28 November 1997 to 25 February 1998.

On 27 February 1998, after consulting with counsel, the applicant submitted a request for discharge in lieu of trial by courts-martial under the provisions of Army Regulation 635-200, chapter 10.  He indicated in his request that he understood that if his request for discharge was accepted, he could be discharged and furnished an Under Other Than Honorable Conditions (UOHC) discharge certificate.  He also declined to make a statement in his own behalf.

On 26 May 1998, his commander recommended that his request to be discharged in lieu of trial by courts-martial be approved.

On 17 June 1998, the appropriate authority approved the request for separation under the provisions of AR 635-200, chapter 10 with an UOHC discharge. Accordingly, on 22 July 1998 he was discharged.

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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a UOHC discharge is normally considered appropriate.

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 and the U.S. 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 Regular Army RE codes.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waiverable. 

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 carefully reviewed the applicant’s record of service and considered his age and education as well as the seriousness of his offense.  The Board concluded that the separation under the provisions of AR 635-200, chapter 10, was administratively correct and in conformance with applicable regulations.  The applicant was separated and assigned a RE code in accordance with regulations then in effect.  Therefore, the applicant’s separation authority and RE code are correct as currently reflected in his records.

2.  The Board finds the applicant’s explanation that he was afraid to ask for assistance insufficient to mitigate his decision to go AWOL.  The Board notes that the applicant declined to make a statement in his own behalf at the time he was being processed for discharge.

3.  There are periods where extremely few enlistment waivers for those with    RE-3 are approved.  Since enlistment criteria does change, and since an individual, with a RE-3, has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.

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 satisfies 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

  __bje___  ___jns___  ___jed __  DENY APPLICATION

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

INDEX

CASE ID	AR2001060602	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020214	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. .  144.0136		
2.		
3.		
4.		
5.		
6.