MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           11 February 1999                   
	DOCKET NUMBER:   AC98-12641
				   AR1999016988

	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. Loren G. Harrell		Director	
	Mr. Ed Clark		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Carol Jo Suiter		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 her reentry eligibility (RE) code be changed from 3 to 1 to allow her to be enlisted in the Army National Guard (ARNG).  In effect, she is requesting a waiver of her disqualification.

APPLICANT STATES:  In various letters, that she was separated from active duty with a code RE-3 because of indebtedness which was caused by her former husband. 

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

She was born on 14 February 1966.  At the time of application, 26 November 1997, she was 31 years old.

On 25 February 1987, with prior active duty service from 13 April 1984 to 
24 February 1987, she was enlisted in the ARNG at Fort Meade, Maryland.  

On 24 February 1988 she was discharged from the ARNG of Connecticut.  The available records indicate that she failed to attend scheduled drills.  Her mailing address at that time is shown as Gulfport, Mississippi.

On 19 May 1988 she was enlisted in the Air Force Reserve.  A form in her records (dated 27 April 1988) shows that she was identified as a previous unsatisfactory participant. 

A letter dated 20 June 1988 signed by her recruiter and addressed to the applicant's new commander (a hospital unit in New Haven, Connecticut) shows that he had tried to contact the applicant without results; and that her husband stated that it was their intention to move out of the State. 

On 27 December 1990 she was enlisted in the Regular Army for a period of 
4 years and 6 weeks for service as a telecommunications center operator, military occupational specialty (MOS) 74C.  She was subsequently assigned to a unit in Germany and attained pay grade E-3 (private first class).

On 26 July 1991 her commander was notified by the Army and Air Force Exchange Service (AAFES) that a $276.47 check signed by the applicant had been dishonored.

On 24 September 1991 she was notified by the U. S. Army Central Personnel Security Clearance Facility through her commander that her eligibility for access to Sensitive Compartmented Information (SCI) and her collateral security clearance would be revoked based on an "indifference to, or disregard of her financial obligations which indicated a lack of judgment, reliability and trustworthiness which is considered incompatible with the standards established for access to SCI and the possession of a security clearance."  The notification listed her indebtedness to numerous business firms located in California, Connecticut, Maryland, Mississippi, Pennsylvania, and Virginia, and the aforementioned dishonored check to AAFES.  The document further indicated that the applicant had not disclosed all of the facts relating to her indebtedness in documents related to her obtaining a security clearance. 

On 22 October 1991 she was transferred to a consolidated dining facility where she served as the facility administrative clerk.

On 6 December 1991, her commander recommended that she be afforded Government housing as an exception to policy because of her financial difficulties.  The recommendation was approved.

On 7 January 1992 the AAFES suspended her charge privileges noting that her account balance was $1,012.60 and that she had not paid an overdue amount.  (A notation on the document indicates that the applicant stated that she had paid $220.00 but the computer was down and she was given a hand written receipt but that she had lost it).

On 24 January 1992 her eligibility for access to SCI and her security clearance were revoked. 

On 30 January 1992 her commander was notified by the Total Army Personnel Command that the applicant's loss of qualifications in her military occupational specialty, which required a Top Secret (TS) clearance, required mandatory reclassification and subjected her to mandatory separation for misconduct.

A 5 February 1992 bank statement shows that she had overdrawn her checking account in the amount of $467.24 and that the debt would be transferred to the U.S. Government for garnishment.

On 23 April 1992 she was counseled for failing to pay a rent debt owed to her previous German landlord.

On 4 June 1992 her commander recommended that she be separated under the provisions of Army Regulation 635-200, paragraph 14-12c, commission of a serious offense.  He stated that the basis for the recommendation was "dishonorably failing to pay just debts."  After being counseled by a military lawyer, she waived her right to consideration of her case by a board of officers and declined to submit statements in her own behalf.  The case was reviewed by the Chief, Administrative Law, Southern (Mannheim) Law Center and found legally sufficient to warrant separation under paragraph 14-12c.

On 4 June 1992 another document containing the applicant's name indicating that she was being separated because of drug abuse was erroneously approved by the convening authority who directed that she be issued a General Discharge Certificate; however, on the following day, 5 June 1992, the correct document shows "the recommendation for separation under the provisions of Chapter 
14, paragraph 14-12c AR 635-200, for commission of a serious offense, in the case of [the named applicant, SSN, and unit] is approved.  The soldier will be issued an Honorable Discharge Certificate."  The convening authority directed that the applicant not be transferred to the Army Reserve and that the unit commander appoint a responsible escort to accomplish her separation.

On 11 June 1992 she was honorably discharged.  Her separation document, 
DD Form 214, reflects her RE code as RE-3.  Initially, that document erroneously showed the narrative reason for separation as "Misconduct/Abuse of Illegal Drugs"; however, this error was subsequently corrected and she was issued a DD Form 215, Correction to DD Form 214, showing the narrative reason as "Misconduct/Commission of a Serious Offense."

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 Reserve Components.  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.  Code RE-3 applies to persons not eligible for enlistment unless a waiver is granted.

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 applicant was enlisted for service in an MOS which required a TS security clearance.  The evidence of record indicates that her security clearance was revoked after it was discovered that she had numerous debts that she had not properly identified in obtaining her security clearance.  Further, her indebtedness increased after entering active duty despite obvious attempts by her commander, including obtaining a waiver for Government housing, to assist her.

2.  Although the applicant may now have resolved her financial difficulties, she was properly separated from active duty under the provisions of Army Regulation 635-200, paragraph 14-12c, for commission of a serious offense.  Her Re code 
3 was, and is, correct.

3.  The applicant's military history, including her inability to obtain a security clearance, does not warrant a waiver of her disqualification in order for her to be enlisted in the ARNG.

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

INW____  VBC_____  CJS____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12641/AR199016988	
SUFFIX		
RECON	NA	
DATE BOARDED	1999 February 11	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.