MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  23 July 2002
	DOCKET NUMBER:  AR2002069236

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Hubert O. Fry		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 the Re-enlistment Eligibility (RE) code, RE-3, on his discharge for the period ending 12 June 1975, be changed to RE-1.

APPLICANT STATES:  In effect, the reason behind the disposition of his discharge was that he and his first sergeant had a personal conflict of interest.  He was frustrated and did not know what to do about it.  He went AWOL (absent without leave) to get even with him.  He did not realize that he was only hurting himself.  He wanted to serve his country and retire after 25-30 years.  He planned on making a career of the Army.  He realizes that he is over the age limit to enlist in the active service but due to the circumstances of his discharge, he still believes he should have his record corrected.

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

That he enlisted in the Regular Army on 19 September 1973, for a 3 year term of service.  On 20 May 1975, the applicant's commander initiated an administrative discharge under the authority of Army Regulation (AR) 635-200 (Personnel Separations, Enlisted Personnel), paragraph 5-37 (discharge for failure to demonstrate promotion potential).  He had received 3 punishments under 
Article 15, Uniform Code of Military Justice, for 3 periods of AWOL: 
12-17 December 1974, 10-11 February 1975, and 3-9 March 1975.  Between October 1974 and May 1975, he had received 14 negative counseling statements from his first sergeant and commander for misconduct to include AWOL, missing or late for duty, job performance, negative and poor attitude, lack of motivation, insubordination, breaking restriction, reckless operation of a motor vehicle, failure to pay debts, lack of integrity, etc..  On 21 May 1975, by his signature, the applicant voluntarily consented to the discharge, waived his right to submit a statement on his own behalf, confirmed that he had been provided an opportunity to consult with an officer of the Judge Advocate General's Corps, and that he understood he may receive a general discharge with a character of service under honorable conditions.  The applicant was so discharged on 
12 June 1975.  The applicant's discharge document, DD Form 214 (Report of Separation form Active Duty), shows an RE code of RE-3, which is the correct RE code for discharge under the authority of AR 635-200, paragraph 5-37.

According to AR 601-210 (Regular Army and Army Reserve Enlistment Program), an RE code may be changed only if there is evidence of an incorrect RE code or an administrative error.  There is no requirement to change an RE code to qualify for enlistment.  At the time of enlistment, the enlistment activity may request a waiver for a disqualifying RE code.  However, under current enlistment standards, the Army is granting very few such waivers.    

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's RE code is correct on his discharge document and there is no basis for changing the code.  There is no evidence of error or injustice.

2.  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

__jp___  ___gw___  ___hf___  DENY APPLICATION

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

INDEX

CASE ID	AR2002069236	
SUFFIX		
RECON		
DATE BOARDED	20020723	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03 – Change of Reenlistment Code	
2.		
3.		
4.		
5.		
6.