MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           5 February 2002
	DOCKET NUMBER:   AR2001061016

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger W. Able		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 a disjointed, rambling 3-page application, in effect, an explanation as to why he could not receive a waiver to reenlist in the Army.

APPLICANT STATES:  "I was in the Army for active duty training.  I got out on a TDP, so why could I not get waivered back in.  And I had to sign for selective service.  So how can I not get waivered with three different units, if the units say waiver is because of medical.  And why was I punished, how did my clothes disappear.  Along with my ring which I paid for taken because I did not make the grade.  I was in the Army for ADT.  I got out on TDP.  Could not get back in because of waiver.  Waiver indicated medical problem.  My pay roster indicates total active 1,20 days and pay of 809.97 with subtractions 504.55 period of computation 4 Jan 79-28 Feb 79.  DD 214 states I have 1 mon 20 days ADT and 3 month 6 days inactive.  Adding C total service 1 mon 20 D prior 3 mon 6 days total 4 m 6 days.  Where's pay for 3 mon 6 days?"

EVIDENCE OF RECORD:  The applicant's military records were not available.  The information obtained herein was taken from the Board's previous consideration of his case on 5 June 2001 (AR2000046724).

He was born on 6 April 1960 and completed 9 years of schooling.  He enlisted in the US Army Reserve on/about 18 September 1978.  He reported for active duty for training at Fort Jackson, South Carolina on 4 January 1979.  He was sent to Fort Gordon, Georgia, and assigned to Company D, 3rd Battalion, 1st Student Training Brigade.  He was reassigned to the US Army Transfer Point at Fort Gordon on 22 February 1979.  He was separated from active duty and as a Reserve of the Army on 23 February 1979 under the provisions of Army Regulation 635-200, paragraph 5-33 (Trainee Discharge Program, or TDP) as a marginal or non-productive performer.  He was not eligible for further service without 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 under the provisions of paragraph 5-33, Army Regulation 635-200, the Trainee Discharge Program (TDP).  Pertinent regulations provided that, prior to discharge or release from active duty, soldiers would be assigned reentry eligibility (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 US 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.  An RE-3 code applies to persons not qualified for continued Army service, but the disqualification is waivable.  Soldiers discharged under the TDP were issued RE-3 codes.

3.  The US Army Recruiting Command is responsible for processing waivers to reenlist.  Waivers are granted based on the needs of the Army.  It is unknown why the applicant "could . . . not get waivered back in [the Army]."  The Board presumes regularity in the applicant's discharge process and any subsequent attempts at reenlistment.

4.  Concerning the applicant's other statements about his personal effects and military pay, there is no evidence in the record to support his contentions that he was deprived of property or improperly paid, nor has he provided any supportive evidence.

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

_JH_____  __KAK__  __RWA __  DENY APPLICATION

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

INDEX

CASE ID	AR2001061016	
SUFFIX		
RECON	20010605	
DATE BOARDED	20020205	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.