MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            26 March 2002                  
	DOCKET NUMBER:   AR2001063424

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Ronald E. Blakely		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 character of service be corrected from uncharacterized to general, under honorable conditions, and her reentry (RE) code be changed to allow her to reenter the Army immediately.

APPLICANT STATES:  No statement was submitted.

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

She enlisted in the Reserve for 8 years, in pay grade E-1, on 21 April 2000.

She entered on active duty on 12 June 2000.

On 8 August 2000, she was notified by her commander of proposed separation action under the provisions of Army Regulation 635-200, chapter 11, entry-level status performance and conduct.  Her commander states that this action was initiated because of the applicant’s lack of self-discipline.

She was advised of her rights and impact of this discharge action through counsel.  She elected not to submit a statement in her own behalf.

On 17 August 2000, she was discharged under the provisions of Army Regulation 635-200, chapter 11, entry-level performance and conduct.  She was credited with 2 months 6 days net active service.  Her character of service was shown as “Uncharacterized.”  She was assigned a code of RE-3.

On 7 December 2001, the Army Discharge Review Board (ADRB) denied her request for change and/or reason of her discharge.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military environment.  These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty.  An uncharac-
terized separation is mandatory under this chapter.

Paragraph 3-9 of the regulation specifies that soldiers who are within the first 180 days of their enlistments when separation processing is started will normally receive an uncharactized entry-level separation.  The only authorized exceptions are in those cases where an under other than honorable conditions discharge is authorized and or warranted or when the Secretary of the Army determines on a 

case by case basis that an honorable discharge is warranted by unusual circumstances involving the individual's personal conduct and performance of duty.  However, such honorable discharges may be applied only in cases involving changes in service obligation, convenience of the Government and secretarial plenary authority.

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.  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.

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 view of the circumstances in this case, the applicant is not entitled to correction to the character and/or reason of her discharge and a change to her RE code.  She has not shown error, injustice, or inequity for the relief she now requests.  

2.  The Board notes that the applicant has submitted neither probative evidence nor a convincing argument in support of the request.  In the absence of evidence to the contrary, it is presumed that the character of the discharge is commensurate with her overall record and she was appropriately assigned a code of RE-3.

3.  The Board also notes that there is no basis for removal of the code or of the disqualification, which established the basis for the code.  She was properly discharged in accordance with pertinent regulations, with due process.

4.  The Board further notes the applicant may apply for an enlistment waiver at her nearest recruiting office.

5.  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.

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

_dsj____  _gdp____  __reb___    DENY APPLICATION

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

INDEX

CASE ID	AR2001063424	
SUFFIX		
RECON		
DATE BOARDED	20020326	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.00	
2.		
3.		
4.		
5.		
6.