MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  14 March 2002
	DOCKET NUMBER:  AR2001064064

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Roger W. Able		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 his uncharacterized discharge be changed to an honorable discharge.

APPLICANT STATES:  That his uncharacterized discharge should be changed to honorable and that his Reentry (RE) Code should be changed to a more favorable code because he completed 2 years of inactive duty, which fulfilled his agreement with the Regular Army.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in the Delayed Entry Program on 29 March 1982.  He enlisted in the Regular Army on 17 September 1982.

Between 3 September and 8 October 1982, the applicant was counseled eight times pertaining to his lack of discipline, attitude, motivation, security violations, and assault.

On 8 October 1982, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for assault.  His punishment consisted of a forfeiture of pay and 14 days restriction and extra duty.

On 8 October 1982, the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-200, chapter 11, for entry-level status and conduct.  He cited, as the basis for his recommendation, the applicant’s lack of discipline. 

The applicant waived his rights to consult with counsel and to submit statements on his own behalf.  He consented to the proposed discharge action.

On 21 October 1992, the separation authority approved the request for discharge with a characterization of service as uncharacterized.  He was discharged on 27 October 1982.  He had a total of 1 month and 11 days of creditable service and was issued an RE Code of RE “3.”

Item 12e (Total Prior Inactive Service) of his DD Form 214 shows that he competed 5 months and 18 days of inactive service.

Army Regulation 635-200, chapter 11, establishes policy and prescribes
procedures for separating members because of unsatisfactory performance or
conduct (or both) while in an entry-level status.  It states, in pertinent part, that 
separation under this chapter applies to soldiers who are in an entry-level status
and, before the date of the initiation of separation action, have completed no 

more than 180 days of continuous active duty and have demonstrated that they 
cannot or will not adapt socially or emotionally to military life.  Entry-level status is defined as the first 180 days of continuous active duty.  It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry 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 reentry codes, including RA RE codes.

Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons.  The regulation shows that the SPD of “JGA” as shown on the applicant’s DD Form 214 is appropriate for involuntary discharge when the narrative reason for discharge is “Entry Level Status Performance and Conduct.”  The SPD code of “JET” is appropriate when individuals are involuntarily discharged, trainee discharge – marginal or nonproductive, or pregnancy, under the same authority.

The SPD/RE Code Cross Reference Table, dated March 2001, provides
instructions for determining the RE code for Active Army soldiers and Reserve Component soldiers separated for cause.  It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  The soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of “JGA” has a corresponding RE code of “3.”  These SPD and RE Codes were also applicable at the time of the applicant’s separation.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudical punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 11, 13, 14, and 16 of Army Regulation 635-200.

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.  The Board notes his contention that his uncharacterized discharge should be change to honorable; however, there is no evidence in the available records, and the applicant has provided no evidence, to show that his discharge should be changed.

2.  The Board notes his contention that his Reentry (RE) Code should be changed to a more favorable code because he completed 2 years of inactive duty, which fulfilled his agreement with the Regular Army.  The evidence of record shows that he was issued an RE Code of “RE 3” and that he completed only 5 months and 18 days of inactive service.

3.  The Board notes that the RE Code of RE “3” is consistent with the basis for his separation and in this case finds no basis to correct the existing code.

4.  The type of separation directed and the reasons for that separation appear to be appropriate considering all of the available facts of the case.

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

__jl____  __wm______  __ra____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064064	
SUFFIX		
RECON		
DATE BOARDED	20020314	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19821027	
DISCHARGE AUTHORITY	AR 635-200, C, 11	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  360		
2.		
3.		
4.		
5.		
6.