MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 February 2002                   
	DOCKET NUMBER:   AR2001062096

	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. Beverly A. Young		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:  That his Reentry Eligibility (RE) code be changed from RE-3 to a more favorable RE code.

APPLICANT STATES:  In effect, that he would like his RE code changed.  He submitted a supplemental letter in support of his application.

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

The applicant enlisted in the Army on 6 January 2000 for a period of six years.  

On various occasions between September 2000 and November 2000, he received four adverse counseling statements for violating pass policy, consuming alcohol without consent, failing to inform chain of command for accountability, violating restriction policy, and not complying with procedural rules regarding his administrative separation from the military.

On 12 October 2000, he was punished under Article 15, Uniform Code of Military Justice (UCMJ) for disobeying a lawful command from a superior commissioned officer by going off post without authorization and consuming alcoholic beverages.  He was reduced to private E-1, forfeiture of $465.00 pay per month for 2 months, and restriction to barracks for 30 days and extra duty for 15 days.

The applicant’s unit commander notified him of pending separation action under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He acknowledged the notification of the pending separation action, waived consultation with legal counsel and did not submit a statement in his own behalf.  He acknowledged that he further understood that he will be ineligible to apply for enlistment in the U.S. Army for a period of two years after discharge.

The separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with issuance of a general under honorable conditions discharge. 

The applicant was discharged on 13 December 2000 in pay grade E-2.  He had completed 11 months and 8 days of active military service.  His DD Form 214 shows he was issued an RE code of RE-3.

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 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.  
RE-3 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.  The applicant was separated under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance and assigned a reentry code in accordance with regulations then in effect.

2.  The applicant has failed to show through the evidence submitted or the evidence of record the reenlistment code issued to him was in error or unjust.

3.  However, the applicant’s disqualification for reentry is waivable.  Therefore, if he still desires to reenter the Army, the Board recommends that he contact his local recruiter to determine if he is eligible for applying for a waiver under current enlistment criteria.

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 would satisfy 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

JNS_____  BJE_____  JED_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001062096	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020214	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	20001213	
DISCHARGE AUTHORITY	AR635-200, chapter 13	
DISCHARGE REASON	Unsatisfactory Performance	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.