MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 December 2001                   
	DOCKET NUMBER:   AR2001062302

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Jose A. Martinez		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 discharge be upgraded with consequent upgrades in his benefits and service-connected disability and/or that his reenlistment (RE) code be upgraded.

APPLICANT STATES:  That the Army screwed him with no clear reason and left him with no benefits or any way of being helped.  He was young and did not understand anything at the time.  He should not have to pay for the rest of his life.  He provides no supporting evidence.

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

He was born on 31 October 1965.  He enlisted in the Regular Army on              20 September 1983.  He completed basic training and advanced individual training and was awarded military occupational specialty 76W (Petroleum Supply Specialist).

On 13 November 1984, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for possession of marijuana and fleeing the scene of an accident.  

On 19 December 1984, the applicant completed a mental status evaluation and was found to have the mental capacity to understand and participate in proceedings and was mentally responsible.  On this date he completed a separation physical and was found to be qualified for separation.

The applicant departed absent without leave (AWOL) from 26 December 1984 and returned to military control on 5 January 1985.

On 11 March 1985, the applicant’s commander initiated proceedings to separate the applicant under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory performance.  His recommendation cited the applicant’s Article 15, his diminishing attitude toward his duty and performance since his nonjudicial punishment, an incident where the applicant cursed a superior noncommissioned officer, and the applicant’s repeated desire to be eliminated from the Army as reasons for the separation action.

On 12 March 1985 the applicant was advised by counsel of the contemplated separation action.  He indicated that he would submit a statement; however, he had not submitted it by 28 March 1985.

On 1 April 1985, the appropriate authority approved the recommendation and directed that the applicant be given a general discharge under honorable conditions.

On 11 April 1985, the applicant was separated, in pay grade E-2, under the provisions of Army Regulation 635-200, chapter 13, Unsatisfactory Performance with a general discharge under honorable conditions.  He had completed 1 year, 6 months, and 13 days of creditable active service and had 10 days of lost time.
He was given RE codes 3, 3B, and 3C.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander’s judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  In pertinent part, Army Regulation 635-200 states that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  A general discharge is a separation from the Army under honorable conditions.  It is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable 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 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 RA RE codes.

At the time, and currently, RE code 3 applies to persons not qualified for continued Army service but the disqualification is waivable.  At the time, RE code 3B applied to persons who had lost time during their last period of service and RE code 3C to persons who did not meet the reentry grade and service criteria.

The Department of Veterans Affairs pamphlet Federal Benefits for Veterans and Dependents, 1998 edition, states that honorable and general discharges under honorable conditions qualify a veteran for most Department of Veterans’ Affairs benefits.  

On 18 March 1986, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.

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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  

3.  The Board acknowledges that the applicant was young at the time of his enlistment but he had successfully served for over one year before his first record of disciplinary action.  He should have been well aware at the time that possession of marijuana is a serious offense in the military and that fleeing the scene of an accident is a serious offense in both military and civilian life.  He continued to have disciplinary problems, including a 10-day period of AWOL, after accepting the Article 15.  His record of disciplinary actions does not warrant a characterization of fully honorable.  Veterans benefits fall under the purview of the Department of Veterans Affairs.

4.  Considering the applicant’s record of service and the reason for his discharge, the RE codes given were and still are 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___  __tl____  __jam___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062302	
SUFFIX		
RECON		
DATE BOARDED	20011218	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19850411	
DISCHARGE AUTHORITY	AR 635-200, ch 13	
DISCHARGE REASON	A04.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.