MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          2 October 2003                    
		DOCKET NUMBER:  AR2003085488

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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 Item 27 (Reenlistment (RE) Code) on his DD Form 214 (Certificate or Release or Discharge from Active Duty) be changed to reflect a more favorable code. 

APPLICANT STATES:  That he is making this request so that he may be considered for service in the United States Army Reserve (USAR).  The applicant submits in support of his request a copy of his DD Form 214 and a copy of a DD Form 215 (Correction to DD Form 214).

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

That in March 1980, he enlisted in the Delayed Entry Program (DEP).  On 15 May 1980, he was separated from the DEP and he enlisted in the Regular Army for 3 years.  He completed basic training and advanced individual training and he was awarded military occupational specialty (MOS) 63C (Track Vehicle Mechanic).  During training, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on 27 June 1980 for being drunk and disorderly.  His punishment included the forfeiture of $100 pay per month for 1 month ($50 suspended for 60 days), and 10 days of extra duty and restriction.

On 26 August 1980, the applicant was granted a waiver to remain on active duty due to fraudulent entry after he failed to disclose his juvenile record at the time of enlistment.

On 4 November 1980, he was assigned to permanent duty at Fort Carson, Colorado.  On 9 December 1980, the applicant was counseled for missing a mandatory formation.  On 7 January 1981, NJP was imposed against the applicant for violating a lawful general regulation by unlawfully leaving the scene of an accident -- due to neglect, the military vehicle he was driving went into a ditch and hit a rock on 10 December 1980.  His punishment included reduction from pay grade E-2 to pay grade E-1 (suspended until 11 March 1981) and 45 days of extra duty.  A supplemental military police report showed the applicant was an unlicensed driver and the incident involved false swearing and reckless driving.

On 6 February 1981, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, paragraph 5-31, for failure to maintain acceptable standards for retention (Expeditious Discharge Program), with a HD.  He cited the basis for his recommendation was the applicant's poor attitude, lack of self-discipline and failure to demonstrate promotion potential.  On 6 February 1981, the applicant consulted with legal counsel, acknowledged notification and voluntarily consented to the discharge.  He declined to submit a statement in his own behalf. 

On 10 February 1981, the approval authority approved the recommendation and directed the issuance of an honorable discharge (HD).  The applicant was not to be transferred to the Individual Ready Reserve.  The applicant was informed to report to the US Army Separation Transfer Point, Fort Carson for separation processing on 19 February 1981. 

On 19 February 1981, the applicant was separated with an HD under the provisions of Army Regulation 635-200, paragraph 5-31, for failure to maintain acceptable standards for retention, EDP.  He had completed a total of 9 months and 5 days of active military service and he had no recorded lost time.  He was assigned a Separation Code of "JGH" and an RE Code of "RE-3."

On 22 April 1982, the applicant was issued a DD Form 215 to show that his correct RE Codes were RE-3 and RE-3C.

Army Regulation 635-200, then in effect, set forth the basic authority for the elimination of enlisted personnel.  Paragraph 5-31 provided, in pertinent part, for the separation of those individuals who failed to maintain acceptable standards for retention.  This paragraph also provided for the separation of those individuals that demonstrated an inability to adapt socially or emotionally to the Army environment or those who responded initially but within a short period of time demonstrated that they were incapable of permanent adjustment.  Under this regulation a GD or a HD was considered appropriate.

A separation code of "JGH" applies to RA soldiers separated as a result of the EDP and mandates an RE Code of RE-3/3C.

Pertinent Army Regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records and/or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlisting and processing into the RA and the eligibility of prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes and RA RE codes.  Both RE-3 and RE-3C codes apply to persons not qualified for continued Army service, but the disqualifications are waivable.

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 then in effect with no indication of procedural errors which would have jeopardized his rights.  

3.  The applicant was assigned a Separation Code of "JGH" and the appropriate RE codes of RE-3 and RE-3C because he was ineligible for reenlistment due to being separated under the EDP.

4.  Codes of RE-3, and RE-3C apply to persons not qualified for continued Army service, but the disqualification is waivable as determined by enlistment officials and the needs of the Army.  The USAR establishes its own entrance criteria.  The applicant should work with local recruiters on ascertaining his eligibility for continued military service in the USAR.

5.  In view of the circumstances in this case, the assigned RE codes on the applicant's DD Form 214 were, and still are, appropriate.  The applicant has submitted no evidence that these codes are in error or should be changed.  

6.  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

__kan___  __le____  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2003085488	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19810219	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.