MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 May 2002                   
	DOCKET NUMBER:   AR2002069350

	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. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyi		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 rank on his Report of Separation from Active Duty, DD Form 214, for the period ending 24 May 1979 be corrected to show he was a Private, E-2 (PV2) and that his reenlistment (RE) code be changed.

APPLICANT STATES:  That his ability to serve was impaired by his youth and immaturity.  He has since successfully served in the U. S. Army Reserve (USAR).  He would like a chance to enter the Active Guard/Reserve (AGR) program and believes his failure to be accepted is due to his first enlistment.  As supporting evidence he provides three DD Forms 214 from subsequent periods of active duty, a Noncommissioned Officer Evaluation Report for the period ending September 2001, a 26 April 1996 letter from the Department of Veterans Affairs indicating his character of service for his first period of service was honorable, a Certificate of Appreciation dated 28 August 2001, and five letters of recommendation (dated 14 April 1999, 19 and 20 October 2000, 6 November 200, and one undated) for his entry into the AGR program.

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

He was born on 19 April 1959.  He enlisted in the Regular Army on                    26 September 1978.  He completed basic training and advanced individual training and was awarded military occupational specialty 36K (Tactical Wire Operations Specialist).

A Personnel Action form, DA Form 4187, dated 1 April 1979 indicated the applicant was erroneously promoted to pay grade E-2.

On 17 April 1979, the applicant’s commander initiated separation action on the applicant under the provisions of Army Regulation 635-200, paragraph 5-31, Expeditious Discharge Program.  The commander cited the applicant’s failure to adjust socially and emotionally to the Army, his demonstrating that he was unable to perform his duties without constant supervision, and his apathetic attitude towards the Army.

The applicant acknowledged notification of the action and voluntarily consented to the discharge.  He elected not to submit a statement in his own behalf.

On 13 April 1979, the appropriate authority approved the recommendation and directed the applicant be given an honorable discharge.

On 24 May 1979, the applicant was discharged with a character of service of honorable in pay grade E-1 under the provisions of Army Regulation 635-200, paragraph 5-31.  He had completed 7 months and 29 days of creditable active service and had no lost time.  His DD Form 214 shows that he was given an RE code of 3 and that his rank was Private, E-1.

It appears the applicant enlisted in the Army National Guard on 22 July 1987.  He enlisted in the USAR on 2 August 1989 and appears to be currently in the USAR in the rank of Sergeant, E-5.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  At the time, the pertinent paragraph in chapter 5 provided that members who completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential could be discharged.  It provided for the expeditious elimination of substandard, nonproductive soldiers before board or punitive action becomes necessary.  No member would be discharged under this program unless he/she voluntarily consented to the proposed 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.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Soldiers separated under the Expeditious Discharge Program fell into this category.

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 Board understands that the applicant was young and, in view of the reason for his discharge, immature.  However, that was the purpose of the Expeditious Discharge Program – to separate soldiers who were not ready for the Army before they were in long enough to get into the type of trouble that prevent them from ever returning to the service.  In view of the reason for his discharge, the assigned RE code of 3 was and still is appropriate.  He was disqualified from reenlistment, but the disqualification was waivable as evidenced by the fact he was later allowed to enlist in the USAR.  The AGR program has its own standards and criteria by which soldiers are accepted or not.  The Board is not convinced that the sole reason for the applicant’s nonacceptance into the AGR program is his RE code from 20 years ago.

3.  The evidence of record shows that the applicant had been promoted to PV2; however, that promotion had been erroneous and it was revoked.  His DD Form 214 for the period ending 24 May 1979 properly shows his correct rank as Private, E-1.

4.  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

__jlp___  __bje___  __tl____  DENY APPLICATION

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

INDEX

CASE ID	AR2002069350	
SUFFIX		
RECON		
DATE BOARDED	20020521	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	100.03	
3.		
4.		
5.		
6.