MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           21 FEBRUARY 2002                   
	DOCKET NUMBER:   AR2001064869

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 reentry (RE) code on his                DD Form 214 be changed so that he can reenlist in the Army.  

APPLICANT STATES:  That he was informed that he could reenlist a year after his discharge.  If given a chance he would prove to be an outstanding soldier, serving his country proudly.       

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

The applicant enlisted in the Army for 3 years on 26 October 1995, completed training and was assigned to Fort Hood, Texas as an infantryman.  On              10 September 1998 he reenlisted in the Army for six years.

On 3 February 1999 the applicant was arraigned and tried by a summary court-martial.  He pled guilty to dereliction in the performance of duties by willfully failing to provide [his] own unadulterated urine sample on or about                       8 September 1998; and wrongful use of marijuana on or about 9 August 1998 and 8 September 1998.

On 7 May 1999 the applicant’s commanding officer notified the applicant that he was initiating action to discharge him for commission of a serious offense, drug use, under the provisions of Army Regulation 635-200, paragraph 14-12c.  He informed the applicant that he was recommending that the applicant receive a general discharge.

The applicant consulted with counsel and stated that he had been advised of the basis for the contemplated action, its effects, the rights available to him, and the effect of any action taken by him in waiving his rights.  He declined to submit a statement in his own behalf.  He stated that he understood the nature and consequences of the general discharge that he might receive.  A handwritten note on the notification contains the statement, “after the court-martial my understanding from my chain of command that I won’t get chapter.”

On 11 May 1999 the applicant’s commanding officer recommended to the separation authority that the applicant be discharged.  On 13 May 1999 the separation authority approved the recommendation and directed that the applicant receive a general discharge.  

The applicant was discharged for misconduct on 2 June 1999 under the provisions of Army Regulation 635-200, paragraph 14-12c(2).  His RE code on his DD Form 214 is “4.” 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Paragraph 14-12c states that soldiers are subject to separation for commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge would be authorized for the same or a closely related offense under the MCM.  Paragraph 14-12c(2) states that abuse of illegal drugs is serious misconduct.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged for misconduct.  However, the separation authority may direct a general discharge if such is merited by the soldier’s overall record.

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.

Paragraph 3-22 of that regulation identifies the reentry eligibility (RE) codes.  Those codes are used for administrative purposes only and used for identification of an enlistment processing procedure.  The code RE-4 applies to persons separated from his last period of service with a non-waivable disqualification.  This includes anyone who was last discharged for drug or alcohol abuse. 

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 discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.  The applicant’s reentry code is correct.

2.  There is no evidence, nor has the applicant submitted any, to indicate that he was informed that he could reenlist at any time after his discharge. 

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

4.  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 that requirement.

5.  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

__GDP__  __TAP_  _  __MHM__  DENY APPLICATION

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

INDEX

CASE ID	AR2001064869	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020221	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	4	
3.		
4.		
5.		
6.