MEMORANDUM OF COSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 November 2002
	DOCKET NUMBER:   AR2002073905

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		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 reentry (RE) code be changed.

APPLICANT STATES:  That he needs his RE code changed so he can reenlist.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 2 February 1999.  

On 8 March 2001, the applicant accepted nonjudicial punishment for wrongfully consuming alcohol while under the age of 21 (committed on or about 2 February 2001).  There was a continuation sheet to the Article 15 but it is not available.  

On an unknown date, the applicant's commander initiated separation action under the provisions of Army Regulation 635-200, chapter 14, for commission of a serious offense.  The cited reasons were the applicant's being found guilty of violating a lawful general regulation by consuming alcohol while under the age of 21, for being drunk and disorderly, and for being apprehended by the military police on 2 February 2001 for these charges and also for brandishing a knife.

On 24 April 2001, the applicant acknowledged receipt of the separation action.  He waived consulting counsel and did not submit a statement in his own behalf.

The applicant's commander formally recommended his separation for commission of a serious offense and recommended his service be characterized as general under honorable conditions.  

The appropriate authority approved the recommendation and directed the applicant be issued a General Discharge Certificate.

On 13 June 2001, the applicant was discharged with a general discharge under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c, commission of a serious offense.  His Certificate of Release or Discharge from Active Duty, DD Form 214, shows he was given a separation code of JKQ (involuntary discharge under the provisions of Army Regulation   635-200, paragraph 14-12c, misconduct) and an RE code of 3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion or absence without leave.  

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.  

The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross-Reference Table dated March 2001 provides that when the separation code is JKQ then RE code 3 will be given.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210. 

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.  In view of the fact the applicant was separated for misconduct with a separation code of JKQ, the assigned reentry eligibility code of RE 3 was correct. The applicant was disqualified from reenlistment but the disqualification is waivable.

3.  Since enlistment criteria do change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.

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

_ _SAC  _  __RWA    ___HOF__  DENY APPLICATION

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

INDEX

CASE ID	AR2002073905	
SUFFIX		
RECON		
DATE BOARDED	2002/11/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.