MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 October 2002
	DOCKET NUMBER:   AR2002073830

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Karen A. Heinz		Member	
	Ms. Barbara J. Ellis		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-4 to RE-3.

APPLICANT STATES:  In effect, that the RE code that he received was too harsh considering the nature of his offenses.  In support of his appeal he submits a letter from a senator’s office dated 9 November 2001, addressed to a Department of the Army Recruiter, in Little Rock, Arkansas, recommending that his RE code be changed.  He also submits a letter from the American Red Cross dated 25 October 2001, attesting to his good character and work ethics.

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

On 14 August 1993, he enlisted in the Army for 4 years in the pay grade of E-1 and he successfully completed his training as a infantryman.

He was promoted to the pay grade of E-2 on 4 February 1994 and to the pay grade of E-3 on 4 August 1994.

The applicant was convicted by a general court-martial on 8 August 1995, of being absent without leave (AWOL) from 4 April until 9 April 1995 and of 23 specifications of larceny, which took place between 15 December 1994 and 8 April 1995.  He was sentenced to a bad conduct discharge, confinement for 22 months, a reduction to the pay grade of E-1 and a forfeiture of all pay and allowances.  The convening authority limited his term of confinement to 20 months, pursuant to a pretrial agreement.

On 23 January 1996, the United States Army Court of Criminal Appeals affirmed the findings of guilty and the sentence.

Accordingly, on 26 August 1996 the applicant was discharged under the provisions of Army Regulation 635-200, chapter 3, pursuant to a general
court-martial conviction.  He had completed 2 years and 4 months of total active service and he was furnished a bad conduct discharge.  He was also assigned an RE code of RE-4.

On 4 February 2002, the applicant submitted an Application for the Review of Discharge or Dismissal (DD Form 293) to the Army Discharge Review Board requesting that his discharge be upgraded.  This Board has accepted his DD Form 293 in lieu of DD Form 149.

On 7 February 2002, this Board denied the applicant’s request for an upgrade of his 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 US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  The regulation provides that persons last separated from the service with a bad conduct or dishonorable discharge constitutes an unwaivable disqualification.  That chapter includes a list of armed forces RE codes, including RA RE codes.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.

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 and assigned a reentry code in accordance with regulations then in effect.

2.  The Board has noted the documentation submitted by the applicant in support of his appeal; however, neither of the two letters is sufficiently mitigating to warrant the relief request.

3.  He was convicted by a general court-martial of being AWOL and of 23 specifications of larceny.  He was appropriately furnished a bad conduct discharge and he was assigned an RE code of RE-4, a non-waivable disqualification.  Considering his overall record of service it does not appear that the RE code that he was furnished is too severe. 

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

___be___  __kh____  ___rvo __  DENY APPLICATION

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

INDEX

CASE ID	AR2002073830	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.  4	100.0300	
3.		
4.		
5.		
6.