MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            6 July 2000                   
	DOCKET NUMBER:   AR1999031017

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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) codes be changed from        RE-3 and RE-3C to RE-1 and the separation code be corrected accordingly.

APPLICANT STATES:  That he is requesting the change of his RE codes and separation code so that he can join the U.S. Army Reserves (USAR).

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

He enlisted in the Regular Army on 17 June 1980 and received training as a Combat Signaler.  He was honorably discharged on 20 March 1987, the authority for discharge was Army Regulation 635-200, chapter 16, the separation code was KGF, the narrative reason for separation was locally imposed bar to reenlistment.  He was assigned RE codes 3 and 3C.

His awards include the Army Service Ribbon, the Army Good Conduct Medal, the Army Achievement Medal, the Armed Forces Expeditionary Medal, the Army Commendation Medal, the Marksman Badge with M-16 rifle bar, the Parachutist Badge and the Army Lapel Button.

The applicant has provided no evidence or information to support his application for change of the RE codes.

The applicant’s his DD Form 1966/5 (Application for Enlistment –Armed Forces of the United States) reflects that on 16 April 1979 he paid a fine for the personal use and possession of marijuana.

The record also contains a Narrative Summary of a Clinical Resume showing that on 26 August 1985 the applicant expressed to physicians that he had personal, mental and physical complaints.  On 27 August 1985 the applicant was transferred from the US Army Hospital Vicenza Italy to Walter Reed Army Medical Center for further medical care.

On 15 October 1985 the applicant was assigned to Fort Bragg, North Carolina.

On 18 June 1986 he tested positive for illegal drugs.

As a result of the positive urinalysis test, on 18 June 1986 his commander imposed a bar to his reenlistment.  The applicant indicated by his initials on the bar that he had been counseled, did not desire to submit a statement, did not intend to appeal the bar, was not being pressured into requesting a discharge, and that he understood he could not come back into the Army.

Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, provides guidance for determining RE codes.  It provides that RE-3 and RE-3C applies to persons who are not qualified for continued Army service, but the disqualification is waivable.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The records contain evidence that the applicant was properly counseled regarding the bar to reenlistment.  His records reflect evidence of prior drug usage and multiple personal and behavioral problems indicating the action to bar him was appropriate.

2.  The applicant has not provided a convincing argument why the RE-3 and   RE-3C codes were wrong or why they should be changed.

3.  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

___cmf __  ___emw    ____jpi __  DENY APPLICATION

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

INDEX

CASE ID	AR1999031017	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.102.4		
2.		
3.		
4.		
5.		
6.